Assertion: avowal | /r/CapableOf | preserve error
Facets:
Source sentences:
text: In Gates v. U.S., 707 F.2d 1141 (1983), the Tenth Circuit held that an avowal is sufficient to preserve error, only when the attorney also cites to Rule 103(a)(2) of the Federal Rules of Evidence.
text: Because we cannot determine admissibility and prejudice issues on appeal without this witness's testimony before us, we hold that an avowal by the witness, not the attorney, is necessary to preserve the error.