Motion to Produce Criminal History Records of Veniremen and in the Alternative to Allow Inquiry into Criminal History

MOTION TO PRODUCE CRIMINAL HISTORY RECORDS OF VENIREMEN AND IN THE ALTERNATIVE TO ALLOW INQUIRY INTO CRIMINAL HISTORY

TO THE HONORABLE JUDGE OF SAID COURT:

COMES NOW the Defendant in the above entitled and numbered cause, by and through his attorney of record, (name of the Defendant’s attorney of record), and respectfully moves this Honorable Court to order the State to produce criminal history records of veniremen or in the alternative to allow the Defendant to inquire into prior criminal history of the veniremen, and in support thereof would show the Court as follows:

I.

The Defendant would show that the (name of county) District Attorney's Office has a database program or records or access to the same, in which it stores or can access detailed criminal history information about prospective jurors in criminal cases. This information comes from TCIC and NCIC databases and other databases maintained by prosecutors and law enforcement agents. This information is unavailable and unknown to Defendant or his attorney. Such information will likely be used in this case to assist the prosecutors in examining prospective jurors and in exercising their peremptory challenges as to jurors who are on the venire panel in this case.

II.

There are or will be jurors on the venire panel in this case who have a prior criminal history.

III.

Neither the Defendant nor his attorney has access to this valuable information nor do they have any means of obtaining this information other than by Court Order. To allow the State to have and use this information and to deny same to the Defendant creates such an imbalance of power and advantage in favor of the State as to be fundamentally unfair to the Defendant, to deny him equal opportunity to obtain a fair and impartial jury, to deny him due process and to deny him equal protection of the laws.

IV.

This information is not privileged in favor of the State nor is it the work product of the District Attorney's Office in this case. It is not written notes, reports, memoranda, statements of witnesses, nor written communication covering any factual or legal aspect of this...