There have been two developments for Hank’s case in recent months. The 5th Circuit Court of Appeals granted a certificate of Appeal on 14 May 2008. His lawyers filed a motion July 24, 2008. On July 14, 2009, that court dismissed the appeal. The Texas Court of Criminal Appeals in Austin granted a hearing to allow the defense to present its case for DNA testing, the hearing took place on October 1, 2008. September 23, 2009, this appeal was also rejected.