Billett v. State

In Billett v. State, 317 Ark. 346, 877 S.W.2d 913 (1994), the excluded testimony was apparent because it had been the subject of the State's motion in limine to exclude evidence that a witness had been pregnant and had had three abortions. The court had granted the motion on grounds that such evidence was not relevant. When Billett's attorney sought to elicit such evidence from the witness, the State objected, and the court sustained the objection. On appeal, Billett contended that the court's exclusion of that evidence was erroneous, but the State argued that the issue had not been preserved for appeal because the witness's testimony had not been proffered. The supreme court held that the issue was preserved, notwithstanding Billett's failure to proffer the witness's testimony, because the testimony excluded was set out by the prosecutor in the State's motion in limine and clearly understood by the judge.