The judge set a May 9 sentencing in a case where Gov. Greg Abbott has said he will seek a pardon.
for the 2020 fatal shooting of Garrett Foster, who was legally carrying an AK-47 rifle through downtown Austin during a summer of nationwide unrest over police killings and racial injustice
Perry sought a retrial in part over claims of improper jury behavior during trial and deliberations. State District Judge Clifford Brown, who presided over the original trial, denied the request after a brief hearing. The Texas Board of Pardons and Paroles has already begun what legal experts say is a highly unusual and immediate review of the case on the orders of Abbott, who appoints the panel.
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