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STATE v. COPELAND

(CC 090647486; CA A143210; SC S060370).

306 P.3d 610 (2013)

353 Or. 816

STATE of Oregon, Respondent on Review, v. Edward Roger COPELAND, Petitioner on Review.

Supreme Court of Oregon, En Banc.

Decided July 25, 2013.

Attorney(s) appearing for the Case

Kali Montague , Deputy Public Defender, Office of Public Defense Services, Salem, argued the cause for petitioner on review. With her on the brief was Peter Gartlan , Public Defender.

Doug M. Petrina , Assistant Attorney General, Salem, argued the cause for respondent on review. With him on the brief were Ellen F. Rosenblum , Attorney General, and Anna M. Joyce , Solicitor General.

BREWER, J.

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...

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