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TOME v. UNITED STATES

No. 93-6892.

513 U.S. 150 (1995)

TOME v. UNITED STATES

United States Supreme Court.

Decided January 10, 1995.

Attorney(s) appearing for the Case

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.*

Kennedy, J., announced the judgment of the Court and delivered the opinion of the Court with respect to Parts I, II—A, II—C, and III, in which Stevens, Scalia, Souter, and Ginsburg, JJ., joined, and an opinion with respect to Part II—B, in which Stevens, Souter, and Ginsburg, JJ., joined. Scalia, J., filed an opinion concurring in part and concurring in the judgment, p. 167. Breyer, J., filed a dissenting opinion, in which Rehnquist, C. J.,and O'Connor and Thomas, JJ., joined, p. 169.

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...

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