152
Opinion of the Court
which Rehnquist, C. J., and O'Connor and Thomas, JJ., joined, post, p. 169.
Joseph W. Gandert argued the cause for petitioner. With him on the briefs were Tova Indritz and Carol H. Marion.
Deputy Solicitor General Wallace argued the cause for the United States. With him on the briefs were Solicitor General Days, Assistant Attorney General Harris, Paul R. Q. Wolfson, and Deborah Watson.*
Justice Kennedy delivered the opinion of the Court, except as to Part II-B.
Various Federal Courts of Appeals are divided over the evidence question presented by this case. At issue is the interpretation of a provision in the Federal Rules of Evidence bearing upon the admissibility of statements, made by a declarant who testifies as a witness, that are consistent with the testimony and are offered to rebut a charge of a "recent fabrication or improper influence or motive." Fed. Rule Evid. 801(d)(1)(B). The question is whether out-of-court consistent statements made after the alleged fabrication, or after the alleged improper influence or motive arose, are admissible under the Rule.
I
Petitioner Tome was charged in a one-count indictment with the felony of sexual abuse of a child, his own daughter,
*A brief of amicus curiae urging affirmance was filed for the State of Ohio et al. by Lee Fisher, Attorney General of Ohio, Richard A. Cordray, State Solicitor, and Simon B. Karas, and by the Attorneys General for their respective States as follows: Jimmy Evans of Alabama, Bruce M. Botelho of Alaska, Larry EchoHawk of Idaho, Pamela Carter of Indiana, Richard P. Ieyoub of Louisiana, J. Joseph Curran, Jr., of Maryland, Joseph P. Mazurek of Montana, Frankie Sue Del Papa of Nevada, Jeffery B. Pine of Rhode Island, T. Travis Medlock of South Carolina, Jan Graham of Utah, and Jeffrey L. Amestoy of Vermont.
Bruce Robert Rogoff filed a brief for the National Association of Criminal Defense Lawyers as amicus curiae.
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