Amicus Brief: Jerad Gourdin
STate of Utah V. Jerad Gourdin
Filing Date
December 23, 2025
Charge
Aggravated Murder
Jurisdiction
Utah Supreme Court
Partners
New York University School of Law Forensic Defense Clinic, Utah Indigent Appellant Defense Division
Summary
CIFS, New York University School of Law Forensic Defense Clinic, and the Utah Indigent Appellant Defense Division filed this amicus brief in the Utah Supreme Court in Jerad Gourdin’s case to argue that Gourdin’s trial attorney was constitutionally ineffective for failing to request the DNA case file. Nine pieces of DNA evidence were tested in this case. All but one excluded Gourdin. Only one item possibly implicated Gourdin, but even that was improperly analyzed by the lab. Indeed, the DNA evidence was far from inculpatory—at best, it was inconclusive.
PRELIMINARY STATEMENT
Given its importance and persuasive value, DNA evidence requires defense attorneys to undertake basic investigation to effectively assist their clients. DNA analysis is not infallible, and this is particularly so when dealing with complex DNA mixtures, like those present in Mr. Gourdin’s case. Amici urge this Court to affirm the Court of Appeals’ reversal of Mr. Gourdin’s conviction, in recognition that the duty to investigate established under Strickland v. Washington included a duty to obtain basic DNA discovery. 466 U.S. 668, 691 (1984).
A summary DNA report frequently, as was true here, lacks substantial information critical to making basic strategic decisions and reasonably advising a defendant. See Nat’l Inst. of
Justice, DNA for the Defense Bar 17–18 (2012) [hereinafter DNA for Defense] (distinguishing contents of DNA summary reports from those of DNA case files). The case file contains a wealth of information absent from the DNA report, including raw data underlying the report’s conclusions, communications between law enforcement and forensic labs, chain-of-custody documentation, and analysts’ notes. Whether exculpatory or not, the defense attorney must know what the case file contains to effectively develop a case strategy and advise defendants.
The American Bar Association has also recognized the wealth of information in a DNA case file. The ABA instructs that DNA case files, including all underlying DNA documents, be provided by prosecutors upon request. See ABA Standards for Criminal Justice: DNA Evidence, § 4.1 (3d ed. 2007).