Gaston v. Commonwealth

John Fitzgerald Gaston filed a motion in the Circuit Court of the City of Norfolk, pursuant to Code § 19.2-327.1, seeking post-trial scientific analysis of certain evidence. Following a hearing, the circuit court denied Gaston’s motion. On February 5, 2003, we awarded Gaston this appeal and also directed the parties to brief the issue “whether this Court has jurisdiction to hear this appeal.” We conclude that this Court does not have jurisdiction.

Subsection G of Code § 19.2-327.1 expressly states, in pertinent part, that “[a]n action under this section . . . shall not form the basis for…