States v. Dimberio, 56 MJ 20 (in order for evidence to be admissible, appellant has the burden of making an adequate proffer or presentation of the evidence in which the substance of the evidence is made known or is apparent from the context (Mil.R.Evid. 103); this can be done through stipulation, direct examination, or proffer which encompasses the foundational requirements).

(if a party makes a proffer of evidence that is partly admissible and partly inadmissible without limiting or singling out solely the admissible part, the evidence shall be held inadmissible and the party cannot complain on appeal if the court excludes the entire offer).

(an adequate proffer as to expert testimony includes: (1) qualifications of the expert; (2) the subject matter of the expert testimony; (3) the basis for the expert testimony; (4) legal relevance of the evidence; (5) reliability of the evidence; and (6) probative value of the testimony.

Home Page |  Opinions & Digest  |  Daily Journal  |  Scheduled Hearings  |  Search Site