State v. Culberson

Waite, Judge.

This timely appeal arises out of a decision of the Columbiana County Court of Common Pleas granting the motion of Allen D. Culberson (“appellee”) to suppress evidence of three prior convictions for driving under the influence because the convictions were constitutionally infirm. Appellant argues that the appellee did not present a prima facie case of constitutional infirmity because he did not produce the transcripts from the previous criminal proceedings. The constitutional errors relied upon by appellee in his motion to suppress have not been recognized by the United States…