Gordon v. State

Associate Chief Justice LEE,

opinion of - the Court:

[ 1 This case and its companion, Meinhard v. State, 2016 UT 12, 871 P.3d 87, present issues of first impression under Part 8 of the Post-Conviection Remedies Aét (PCRA). Uran Cope §§ 78B-9-300 to -804. In this case Adrian Gordon's petition for postconviction DNA testing was denied on the basis of the State's assertion that Gordon had declined to request DNA testing at the time of the underlying trial for "tactical reasons." Id. § T8B-9-801(4). We reverse and remand on procedural grounds. We hold that Gordon was entitled to file a memorandum…