2001
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.