Commonwealth v. Scarborough

OPINION BY

COLVILLE, J.:

The Commonwealth appeals the order granting Milton Scarborough’s motion for DNA testing pursuant to 42 Pa.C.S.A. § 9543.1. We quash this appeal.

Facts

In 1977, Scarborough was convicted of three murders and related offenses. 1 Scarborough was then sentenced to an aggregate incarceration of not less than thirty and not more than sixty years’ imprisonment. Thereafter, he undertook a number of appellate and collateral efforts but did not obtain relief.

In 2008, Scarborough filed a motion for DNA testing with respect to several specific items of evidence related to the…