Appeals Court Denies Convict DNA Test in a ’90 Rape Case WASHINGTON, Jan. 24 — Overturning a lower court ruling that drew national attention, a federal appeals court in Virginia has refused to allow a man who was convicted 12 years ago of sex crimes to have DNA tests he contends would exonerate him.

In ruling against the man, James Harvey, the three-judge panel of the United States Court of Appeals for the Fourth Circuit, in Richmond, held that the defendant had not shown that the prosecutor violated his rights by refusing him access to DNA testing.

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