Gordon v. State
Annotate this CaseIn 2002, Appellant was convicted of murder. The Supreme Court affirmed the conviction on appeal. Appellant later filed a petition under Part 3 of the Post-Conviction Remedies Act seeking testing on previously untested items from the murder scene and arguing that the DNA testing would prove his factual innocence. The State subsequently filed a response asking the district court to dismiss Appellant’s petition. Before Appellant had an opportunity to oppose the State’s filing, the district court dismissed Appellant’s petition on the grounds that Appellant failed to establish a non-tactical reason for declining DNA testing at trial. Thereafter, the district court denied Appellant’s motion for reconsideration. The Supreme Court reversed, holding that the district court erred in refusing to allow Defendant an opportunity to file a response to the State’s opposition to his petition under Utah R. Civ. P. 65C. Remanded.
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