State v. Birchfield

At issue in this case is whether the admission of a laboratory report at defendant’s criminal trial violated his right “to meet the witnesses face to face” under Article I, section 11, of the Oregon Constitution or his right “to be confronted with the witnesses against him” under the Sixth Amendment to the United States Constitution. Over defendant’s pretrial objection, the trial court, pursuant to ORS 475.235 and this court’s decision in State v. Hancock, 317 Or 5, 854 P2d 926 (1993), allowed the state to introduce the laboratory report without calling the criminalist who prepared it to…