IN THE COURT OF COMMON PLEAS FOR THE STATE OF DELAWARE
IN AND FOR NEW CASTLE COUNTY
STATE OF DELAWARE,
JONATHAN MANELSKI,
Defendant.
David I~-Iolloway, Esquire
Deputy Attorney General
Delaware Department of justice
820 N. French Street, 7“‘ Floor
Wilmington, DE 19801
Alforneyfor the Siale
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Case No. 1212014503
Joseph Hurley, Esquire
1215 King Street
Wilmington, DE 1980]
Altc)rneyjr`)r fha Defendcznl
Submitted: February 10, 2014
Decided: March 7, 2014
MEMORANDUM ()PINI{)N AND ()RDER
On july 30, 2013, Defendant Jonathan Manelski (hereinaftez' "Det`endant") was convicted at
a jury trial of Driving Under the influence of Alcohol and other Title 21 violations Prior to jury
selection, Defeiidant’s counsel made an oral motion to compel the production of juror profiles
recovered from the Deiaware Criminal Justice information Systeln (hereinafter "DELJIS") by the
State. Tiie State refused pursuant to ll Del. C. § 8513, and the Court denied the Motion, but
allowed for both parties to submit supplemental briefing following the conclusion of the trial.
”l`he Defendant as_serts that the portion of ll Del-. C. § 85 lB(g) that prevents the Defeiidant -
and l)efeiidant’s counsel from accessing the criminal history record information of potential jurors
is unconstitutional, as it violates due process of law and equal protection.l The Defendant asserts
that he would have to engage in substantially greater degrees of research, involving all counties, to
uncover the information that is accessible to the State at the click of a mouse. The Defendant
alleges that the jury questionnaire does not provide the same information that DELJIS records
provide The Defendant seeks to allow defense counsel, not the Defendant, to view the records at
the State’s table to prevent what Defendant summarizes as the State’s concern about releasing
information about jurors "to discourage retribution in the event of an unl