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Question
In a homicide trial, the prosecution seeks to establish a motive by offering a diary entry found in the accused’s bedroom, allegedly written by the accused. The trial court excludes the diary entry as hearsay and lacking proper authentication. After the ruling, the prosecution tendered the diary entry to be recorded as tendered but excluded evidence for the purpose of preserving the issue for appeal. The court refuses to admit the tender, and trial proceeds with other evidence. (a) Identify the doctrinal basis for Tender of Excluded Evidence and its purpose. (b) Explain whether and how the tender preserves the right to appeal the ruling on admissibility, and what must be done to preserve the issue. (c) If the case is appealed and the diary entry is treated as excluded but the appellate court later corrects the evidentiary ruling in some respect, how should the tender be treated on review and what effect does it have on the record?