Brent Simmons is serving a 20-year sentence for the murder of JMU students Ann Olsen and Keith O'COnnell.
Now the Commonwealth's attorney wants to study some additional evidence against Simmons.
The Commenwealth wants to compare bullet fragments from the crime to a gun that was found after the case ended.
Simmon's lawyer was in court Monday filing an appeal to stop that comparison. The decision could go to the state supreme court
If the Commonwealth is allowed to do the test, and the fragments match the gun, Simmons could face new charges of using a firearm in commission of a murder.