On November 2, 2011, Judge Emmert dismissed the third motion for DNA testing. This decision was appealed to the Texas Court of Criminal Appeals in Austin.
https://issuu.com/justice4hank/docs/dna20111102Tag Archives: case
Texas Elected Officials Send Open Letter to Governor Perry
On October 27, 2011, State elected officials sent an open letter to Governor Rick Perry asking him to lift the execution warrant so that DNA tests could be performed.
News October 2011
On October 6, 2011, a federal judge ordered a hearing on the civil complaint in the light of the Supreme Court ruling in March to 24 October 2011. Hank's attorneys filed their written arguments and the opposing party on October 17, 2011.
News September 2011
On September 2, 2011, Hank's attorneys filed in Gray County Texas, a motion to obtain the DNA analysis of the evidence that had never been tested. The application is filed under a new law, SB 122, which became applicable on 1 September. The purpose of SB122 is to ensure that procedural barriers do … Continue Reading ››
New Execution Warrant
Meanwhile, Judge Emmert signed a new execution warrant for November 9, 2011.
https://issuu.com/justice4hank/docs/pca20110727
News June – July 2011
On June 2, 2011, the defendant in the civil complaint, Lynn Switzer, Gray County District Attorney, filed an application to quash the complaint and the case on the merits of the application for DNA testing. On July 14, the defense attorneys filed their response and Lynn Switzer filed hers.
News March 2011
On March 7, 2011, the US Supreme Court voted in favor of Hank 6 votes against 3. Decision is here. This decision allowed Hank to pursue his civil complaint to seek DNA testing.
News May – July 2010
At the 11th hour, the US Supreme Court ordered an unlimited stay. On May 24, two months to the day after the stay, the Court agreed to hear the case. Oral arguments were scheduled for Oct. 13 in Washington and the decision of the Court was awaited in the spring of 2011. It … Continue Reading ››
News March 2010
In response to the new appeal, filed on March 4, the court issued an order stating that the request for a new petition for habeas corpus must be filed directly with the Texas Court of Criminal Appeals to determine if, procedurally, it is a "new appeal" or a "successive" petition. On March 9, … Continue Reading ››
News February – March 2010
On February 19, 2010, Hank's attorneys filed a motion to expedite appeal. On March 1st, 2010, the US Supreme Court denied Hank's petition for writ of certiorari #09-7784, another petition for writ of cetiorari is still pending with the US Supreme Court. Also on March 1st, Hank's attorneys filed an application for post … Continue Reading ››