Got a Restraining Order Contempt Case? Big Confrontation Decision Out in Ten Hours.
by: Ryan • July 24, 2013 • no comments
Well, ten hours from when I'm writing this. I'm not necessarily assuming you're reading the Library of Defense at 10PM on a Wednesday. Anyway, tomorrow, at 8AM or so, the Oregon Supreme Court will issue an opinion in State v. Copeland.
According to the OSC press release, the issues are:
(1) Are public and official records proffered as substantive evidence of contempt exempt from the confrontation rights guaranteed under Article I, section 11, of the Oregon Constitution, such that the proponent of the evidence need not establish that the declarant is unavailable to testify?
(2) Is a proof of service affidavit that is used in a punitive contempt proceeding testimonial evidence, subject to the demands of the Confrontation Clause under the Sixth Amendment to the United States Constitution?
