State v. Shivers
230 Ariz. 91
| Ariz. Ct. App. | 2012Background
- Shivers challenged admission of a Declaration of service in a 2009 protective-order case.
- The Order required Shivers to avoid contact and stay away from the victim for one year after service.
- Shivers allegedly violated the Order by sending three postcards to the victim’s father while the Order was in effect.
- The State charged him with influencing a witness and interfering with judicial proceedings.
- The Declaration, stating the officer served the Order on Shivers on May 21, 2009, was admitted without live testimony from the officer.
- No testimony or unavailable-officer showing was presented, and the Declaration was admitted as a self-authenticating document under Rule 902.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the Confrontation Clause was violated by admitting the Declaration. | Shivers (State) argues the Declaration is testimonial and requires live officer testimony. | Shivers contends the Declaration is testimonial and thus should have testimonial safeguards. | Declaration non-testimonial; no Confrontation Clause violation. |
Key Cases Cited
- Crawford v. Washington, 541 U.S. 36 (U.S. 2004) (testimonial scope defined; certain statements require confrontation)
- Melendez-Diaz v. Massachusetts, 557 U.S. 305 (U.S. 2009) (broader category of testimonial documents in routine records)
- Bullcoming v. New Mexico, 131 S. Ct. 2705 (U.S. 2011) (certified reports testimonial when primary purpose is evidentiary)
- Williams v. Illinois, 132 S. Ct. 2221 (U.S. 2012) (primary purpose test; out-of-court statements related by expert may be non-testimonial)
- United States v. Mendez, 514 F.3d 1035 ((10th Cir. 2008)) (record may be non-testimonial if administrative in nature and not aimed at a specific defendant)
- Bohsancurt v. Eiseberg, 212 Ariz. 182, 129 P.3d 471 ((App. 2006)) (breath-test records non-testimonial; administrative purpose)
- State v. King, 213 Ariz. 632, 146 P.3d 1274 ((App. 2006)) (prior-conviction/licensing records non-testimonial)
- Commonwealth v. Shangkuan, 943 N.E.2d 472 ((Mass. App. Ct. 2011)) (return of service non-testimonial; administrative notice)
- State v. Tryon, 255 P.3d 498 ((Or. App. 2011)) (return of service non-testimonial; administrative purpose)