Defendant Entitled to Respond to State’s Motion to Dismiss Post-Conviction DNA Test

The Supreme Court of Utah found that a recently convicted defendant should have been allowed to file a memorandum in opposition to the State’s motion to dismiss a post-conviction DNA test

Gordon v. State, 2016 UT 11, 369 P.3d 1255.

     The Supreme Court of Utah recently clarified that the procedural due process rights of a convicted murder were violated because he could not file a memorandum in opposition to the state’s motion to dismiss his motion for a post-conviction DNA test. After being convicted of murder, the inmate petitioned to DNA test items that were not originally included in the trial. In response, the state motioned to dismiss the petition, which the court did before the petitioner could reply.
 
   The court found, by examining both the relevant statute and the Utah Rules of Civil Procedure, that if all of the elements are met for the specific statute in play of the petition, then the inmate had the right to supply a response motion.

    In addition, the supreme court clarified who had the burden of proof in in showing whether evidence not sought after in trail was done so because of “tactical reasons.” While the court did not rule on the merits of the issue, they clarified the rule by stating “the State has the burden of pleading that the petitioner declined to request DNA testing for tactical reasons, but that the burden of proof shifts to the petitioner to establish that he did not have tactical reasons for such failure.”

   The case was remanded so petitioner could properly respond to the motion to dismiss.

https://www.utcourts.gov/opinions/supopin/Gordon%20v.%20State20160323.pdf