Travis County DA's request to undo Abbott's pardon of Daniel Perry denied by state court

Texas' highest criminal court rejected Travis County District Attorney José Garza's request to overturn Gov. Greg Abbott's pardon of Daniel Perry, who was convicted last year for killing a Black Lives Matter protester in 2020.

The Texas Court of Criminal Appeals dismissed Garza's writ of mandamus on Wednesday, nearly three weeks after Garza announced his office would be filing the challenge. The nine elected judges, all of whom are Republican, did not offer an explanation as to why it was denied.

Garza's office did not immediately respond to a request for comment.

Holly Taylor, director of public integrity and complex crimes for the district attorney's office, previously said the writ was filed on the grounds that Abbott, in pardoning Perry, had "exceeded his authority and violated the separation of powers doctrine," a principle established by the U.S. Constitution under which the three branches of government are kept separate.

Perry was convicted by a Travis County jury last year. Less than 24 hours after his conviction, Abbott said he would pardon Perry if a recommendation came to him after conservative pundits urged him to do so. Abbott pardoned Perry on April 16.

Nearly a month ago, 14 Democratic state attorneys general called on the Department of Justice and U.S. Attorney General Merrick Garland to conduct a federal probe into Perry's case in light of Abbott's pardon.

Investigations editor Tony Plohetski contributed to this report.