A federal judge for the 1st time has ordered new DNA...

A federal judge for the 1st time has ordered new DNA testing for a Virginia death row inmate, ruling that Brian Lee Cherrix needs the lab work to verify his claim that he was wrongfully convicted of killing a pizza delivery woman. However, Virginia Attorney General Mark L. Earley asked a federal appeals court to block the ruling, arguing that U.S. District Judge Gerald Bruce Lee in Alexandria overstepped his constitutional authority when he ordered the state to turn over the evidence. The case comes at a time when post-conviction DNA testing has exonerated nine American death row inmates. Unlike some states, Virginia does not give prisoners the legal right to ask for DNA testing, but both the Virginia Supreme Court and the state legislature are considering making it easier for inmates to get testing and new trials. In the meantime, some inmates, including Cherrix, have turned to the federal courts.