State v. Tryon, 242 Or. App. 51

Defendant Tryon was restrained under the Elderly Persons and Persons with Disabilities Abuse Prevention Act in Oregon.
A restraining order was served on Tryon on June 18, 2008.
The state sought punitive sanctions for contempt, requiring proof of a valid order, Tryon’s knowledge of it, and willful noncompliance.
At trial, the unsworn return of service was admitted to prove knowledge of the order over Tryon’s confrontation objection.
The court held Tryon violated the restraining order and imposed punitive sanctions for contempt.
On appeal, the primary issue is whether the unsworn return of service is testimonial and violates the Sixth Amendment confrontation rights.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Is the unsworn return of service testimonial under Crawford?	Tryon argues the return is testimonial and violates confrontation.	Tryon argues the return is non-testimonial as an administrative/public record.	Return not testimonial; no Sixth Amendment violation.
Whether the return of service is admissible as a public record; does it trigger confrontation concerns?	Public-record status does not overcome testimonial concerns.	Statement was administrative and not for trial proof of a fact at trial.	Admissible as a public record; confrontation rights nevertheless not violated.

Crawford v. Washington, 541 U.S. 36 (U.S. Supreme Court 2004) (testimony-focused confrontation inquiry)
Melendez-Diaz v. Massachusetts, 557 U.S. 304 (U.S. Supreme Court 2009) (forensic certificates are testimonial; public records exception does not negate confrontation)
Michigan v. Bryant, 131 S. Ct. 1143 (U.S. Supreme Court 2011) (objective-purpose test for testimonial statements in interrogations)
State v. Bergin, 231 Or.App. 36 (Or. App. 2009) (unsworn Intoxilyzer certificates not testimonial)
State v. Carter, 238 Or.App. 417 (Or. App. 2010) (arrest warrants not testimonial; business-record-like rationale)