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By Thursday evening, after a series of court battles and escalating appeals, the Texas Supreme Court had issued a temporary stay of execution. The AG is representing TDCJ, and is calling the shots, while simultaneously attacking the underlying subpoena before the Texas Supreme Court. We expected that the subpoena would be honored pursuant to Texas law and the Committee’s intent. “It’s the entire case, and that is Mr. Roberson’s case,” Keith Findley, professor emeritus with the University of Wisconsin Law School, testified before the Texas Committee on Criminal Jurisprudence last week. The Texas Court of Criminal Appeals previously issued a stay of execution in Roberson’s case in 2016, sending a claim under Article 11.073 (among others) back to the trial court.
Persons: Robert Roberson, it’s, Roberson, Nikki Curtis –, Paroles, Gretchen Sween, Sween, Joe Moody, ” Sween, Nikki, Nikki “, , Brian Wharton, pediatricians, , ” Keith Findley, ” Dr, Antoinette Laskey, ” Dani Allen, Michael Wyke, , Roberson’s, ” Findley, ” Moody, ” CNN’s Ashley Killough, Nicole Chavez Organizations: CNN, Texas, Texas Supreme, US, Texas Attorney General’s, Texas Department, Criminal, Capitol, American Academy of Pediatrics, Palestine, US Centers for Disease Control, CDC, US Army, National Registry, Exonerations, University of Wisconsin Law School, American Academy of Pediatrics ’, Child, Appeals Locations: Texas, TDCJ, Austin, Palestine , Texas, Huntsville , Texas
Read the Texas Governor’s Pardon
  + stars: | 2024-05-16 | by ( ) www.nytimes.com   time to read: +2 min
PROCLAMATION BY THE Governor of the State of Texas PROCLAMATION No. 2024-0001 DPS #07666731 TO ALL TO WHOM THESE PRESENTS SHALL COME: WHEREAS, Daniel Scott Perry, TDCJ #02450686, D.O.B. April 24, 1987, was sentenced in the 147th District Court in Travis County on May 10, 2023, to twenty- five years in prison for the offense of Murder, Cause No. D-1-DC-21-900007; and WHEREAS, the Texas Board of Pardons and Paroles has conducted an exhaustive review of Daniel Scott Perry's personal history and the facts surrounding his shooting of Garrett Foster; and WHEREAS, both the Second Amendment to the United States Constitution and Article I, Section 23, of the Texas Constitution protect the right to keep and bear arms for, among other things, self-defense; and WHEREAS, Texas law, consistent with those constitutional guarantees, provides one of the clearest self-defense protections in the United States; and WHEREAS, Texas Penal Code § 9.32(a) provides that a person “is justified in using deadly force against another" when that person "reasonably believes the deadly force is immediately necessary" to protect a person against another's use of unlawful deadly force; and WHEREAS, Texas Penal Code § 9.32(c) provides that a person who is otherwise lawfully present at the location where deadly force is used "is not required to retreat before using deadly force"; and WHEREAS, on July 25, 2020, Daniel Scott Perry, while driving on a public road in Austin, slowed his vehicle as he rounded a corner onto Congress Avenue and encountered a group of protestors obstructing traffic; and WHEREAS, Daniel Scott Perry's car was immediately surrounded by aggressive protestors who rushed to obstruct, strike, pound, smash, and kick his vehicle; and WHEREAS, Garrett Foster then approached within 18 inches of Daniel Scott Perry's car, confronted him, and brandished a Kalashnikov-style rifle in the low-ready firing position; and WHEREAS, Daniel Scott Perry fired his handgun at Garrett Foster to eliminate a perceived threat to his safety and called law enforcement less than one minute later to inform them of the incident; and WHEREAS, Daniel Scott Perry explained to law enforcement at the time that he used his weapon because he feared losing his life and has since consistently stated that he acted in self-defense; and WHEREAS, Travis County District Attorney José Garza, rather than upholding the self- defense rights of citizens, has prioritized "reducing access to guns" that citizens may use to lawfully defend themselves; and FILED IN THE OFFICE OF THE SECRETARY OF STATE 1:25 PM O'CLOCK MAY 16 2024
Persons: Daniel Scott Perry, Paroles, Daniel Scott Perry's, Garrett Foster, brandished, Attorney José Garza Organizations: D.O.B, Texas, United States Constitution, Travis, Attorney Locations: Texas, TDCJ, Travis County, United States, Austin
The Texas Department of Criminal Justice, or TDCJ, conducted an internal review of the escape and also hired an outside firm to do an independent review. Texas Department of Criminal JusticeAdditionally, two officers had falsified search logs indicating Lopez’s cell had been searched when it had not. Attorneys for the Collins family have notified the Texas agency that they plan to file a lawsuit against it over the deaths. CGL also made several recommendations, including suggesting TDCJ reconfigure transport buses to improve security and develop strategies to reduce its staff vacancies. In the month before Lopez’s escape, 43% of correctional officer jobs at the Hughes Unit were vacant.
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