Appellate court denies petition in Kerry Max Cook case - KTRE.com | Lufkin and Nacogdoches, Texas

Appellate court denies petition in Kerry Max Cook case

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Kerry Max Cook released from jail in 1997. Kerry Max Cook released from jail in 1997.
SMITH COUNTY, TX (KLTV) -

An appellate court has denied a Tyler man's request for his case to be transferred to another court.

Former Tyler resident, Kerry Max Cook, and his attorneys, filed motions this year requesting more DNA testing on evidence that Cook says will exonerate him of a 1977 rape and murder.

On November 1, 2012, the Twelfth Court of Appeals heard oral arguments on Cook's petition for writ of mandamus and the State's motion to dismiss Cook's petition as moot.

The appellate court overruled the State's motion to dismiss and denied Cook's petition for the case to be transferred from 114th District Court Judge Christi Kennedy's court.

The appellate court ruled that Judge Kennedy does have authority to rule over Cook's case and she will be assigned the case from this point forward.

Further hearings on Cook's motion for further testing of DNA evidence from the crime scene have not yet be scheduled.

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