Tome v. United States - Evidence 2020 Case brief from George Fisher edition 3 (newest edition) PDF

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Evidence 2020 Case brief from George Fisher edition 3 (newest edition)...

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TOME v. UNITED S 513 U.S. 150 (19 FACTS: Parties: Appellant: Tome (Δ) Appellee: United States Procedural History: 

District Court found Δ guilty

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Circuit Court affirmed

Relevant Facts: 

Δ was charged with sexual abuse of a child

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Δ and wife were divorced in 1988, court awa

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Δ had primary physical custody

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1989 wife unsuccessfully petitioned for prim the summer of 1990

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8/27/90 wife contacted authorities with alleg against daughter

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Reversed and remanded

RULE OF LAW: 

A statement is not hearsay if the declarant te to cross examination concerning the stateme the declarant’s testimony and is offered to re the declarant of recent fabrication or improp

HOLDING: 

Evidence of child’s prior consistent out of co alleged abuse was not admissible to rebut im motivated by her desire to live with her moth statements postdated alleged improper motiv

COURT’S REASONING: 

The government used the out of court statem rebut the allegation that there was a motive t...