State v. Copeland

In this punitive contempt proceeding for violation of a Family Abuse Prevention Act (FAPA) restraining order, defendant challenges the admission in evidence of a deputy sheriff’s certificate of service of the restraining order. Defendant asserts that admission of the certificate of service violated his confrontation right under Article I, section 11, of the Oregon Constitution, because the state did not establish that the declarant was unavailable to testify. Defendant also asserts that the document was “testimonial” evidence that was inadmissible under the confrontation clause of the Sixth…