Harvey v. Warden of Coffeewood Correctional Center

James Harvey was convicted of rape and sodomy in the Circuit Court of Fairfax County and by final order dated April 30, 1990, was sentenced to serve 25 years in the penitentiary for the rape and 15 years for the sodomy. In January 2002, after exhausting his opportunities for state and federal direct and collateral review of his convictions, Harvey filed a motion in the Circuit Court of Fairfax County, pursuant to Code § 19.2-327.1, seeking post-trial scientific analysis of certain evidence. On March 1, 2002, the circuit court ordered the Division of Forensic Science to test the DNA from the…