Evidence-Wellborn SU2006 Outline

It is not really a hearsay problem could get the

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Unformatted text preview: nsuccessful position, Tome's mother contacted Colorado authorities with allegations that Tome had committed sexual abuse against A.T.. Procedural Posture: Defense argued that the allegations were concocted so the child would not be returned to her father after the summer. After A.T. testified, the government produced six witnesses who testified about a total of seven statements previously made by A.T. describing the alleged assaults. Offered by the Government under 801(d)(1)(B). Trial court admitted the evidence over defense counsel's objection, affirmed by the 10th circuit, even though these statements had been made after AT's alleged motive to fabricate arose. Issue: Were A.T.'s consistent statements admissible even though they were made after the motive to fabricate arose? Holding: A.T.'s consistent statements were not admissible under Rule 801(d)(1)(B). To be admissible under 801(d)(1)(B), the consistent statement must have been made before the alleged improper influence or the att...
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This note was uploaded on 08/28/2008 for the course N 483 taught by Professor Wellborn during the Summer '08 term at University of Texas at Austin.

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