The Texas Court of Criminal Appeals is examining one of the most consequential questions in recent Texas legal history: whether Governor Greg Abbott had the constitutional authority to pardon Daniel Perry in the manner he did, and whether that pardon can be voided by a court. A ruling is expected in the second half of 2026.
Perry was convicted of murder in April 2023 by a Travis County jury for the July 25, 2020, shooting death of Garrett Foster, a 28-year-old Air Force veteran and Black Lives Matter protester, in downtown Austin. The case became a national flashpoint over self-defense law, the right to carry firearms at protests, and the role of political pressure in the clemency process.
What Happened on July 25, 2020 | The Shooting
Daniel Perry was working as an Uber driver on the night of July 25, 2020, when he drove his car into a BLM protest march on Congress Avenue in Austin. Garrett Foster was among the protesters. Foster was carrying an AK-style rifle, which he had a legal right to carry under Texas open carry law.
Perry exited his vehicle and shot Foster multiple times. Foster died at the scene. Perry claimed self-defense, arguing that Foster raised his rifle toward him. Witnesses disputed that account. Prosecutors presented evidence, including social media posts Perry had made before the protest, that they argued showed premeditation and a desire to confront protesters.
The Travis County jury deliberated and convicted Perry of murder in April 2023. He was sentenced to 25 years in prison.
Abbott's Pardon Announcement | Before the Board Acted
Within hours of the verdict, Governor Abbott issued a public statement announcing he would pardon Perry. The statement came before the Texas Board of Pardons and Paroles had taken any action on the case, which is the constitutionally required first step in the Texas clemency process.
The Texas Constitution, Article IV, Section 11, grants the governor the power to grant pardons only upon the recommendation of the Board of Pardons and Paroles. Abbott's pre-announcement, critics argued, amounted to directing the board's outcome rather than receiving an independent recommendation, corrupting the constitutional process.
The board voted 5-2 to recommend the pardon in May 2024. Abbott signed it. Perry was released.
The Constitutional Challenge | What the Court Is Deciding
The Travis County District Attorney's office, along with civil rights organizations, filed legal challenges arguing the pardon was constitutionally defective. The core argument is that Abbott's public pre-announcement transformed the board's vote from an independent recommendation into a rubber stamp, violating the separation of powers the Texas Constitution built into the clemency process.
The Texas Court of Criminal Appeals, the state's highest court for criminal matters, accepted the case for review in 2025. The court is examining two questions: whether the pardon process was constitutionally valid, and whether courts have the authority to review and void a governor's pardon at all.
The second question is potentially the more significant one. If the court rules that pardons are unreviewable executive acts, the challenge fails regardless of how Abbott handled the process. If the court rules that pardons can be reviewed for constitutional compliance, it opens the door to voiding this one.
What a Ruling Against the Pardon Would Mean
If the Texas Court of Criminal Appeals voids the pardon, Perry's murder conviction would be reinstated. He would be returned to custody to serve the 25-year sentence imposed by the Travis County court. His attorneys would almost certainly seek an emergency stay and pursue further appeals, potentially to the U.S. Supreme Court on federal constitutional grounds.
A ruling voiding the pardon would also set a major precedent limiting how Texas governors can use the clemency power. It would establish that pre-announcing a pardon before the board acts is constitutionally impermissible, constraining future governors of both parties.
What a Ruling for the Pardon Would Mean
If the court upholds the pardon, Perry remains free and the conviction is permanently erased. The ruling would also establish that Texas courts cannot review the governor's exercise of clemency power, effectively making pardons unreviewable regardless of the process used. That outcome would significantly expand executive power in Texas and remove a check on the clemency process.
The Garrett Foster Family | Still Waiting
Garrett Foster's family has been present throughout the legal proceedings since the 2020 shooting. Foster was 28 years old, an Air Force veteran, and was at the protest with his fiancee, who uses a wheelchair. His family has consistently argued that the pardon was politically motivated and that Abbott's intervention denied them the justice the jury delivered.
The Court of Criminal Appeals ruling will be the final word on whether that jury verdict stands or whether the governor's clemency power can erase it.
Objective Wire will continue following this case as the court's ruling approaches. This report is part of our ongoing coverage of Texas courts and public-interest investigations. Alfonso M. has also reported on the Karmelo Anthony murder conviction, the Bexar County towing bribery conviction, and the $69.5M DJE Texas Ponzi scheme. If you have information relevant to this or any other Texas case, reach our investigative desk here.