Just days after being sentenced to death for the 2022 murder of 7-year-old Athena Strand, Tanner Horner has filed an appeal. The Texas Court of Appeals confirmed that the appeal was officially filed on May 11, 2026. This appeal was automatically allowed under state law and was initially filed on May 6.
The Murder of Athena Strand
Horner, who pleaded guilty to the murder of Athena Strand on April 7, 2026, was sentenced to death by lethal injection after a jury deliberated for three hours. The case came to a heartbreaking conclusion when, after Horner kidnapped Strand from outside her home in Paradise, Texas, on November 30, 2022, her naked body was discovered in a river the following day.
At trial, prosecutors presented chilling video and audio evidence from Horner’s delivery van that showed Strand’s abduction. The evidence helped solidify the conviction and led to his sentencing.
The Appeal Process
According to defense attorney Russell Wilson, who is not involved in Horner’s case, all death penalty cases in Texas are automatically reviewed by the Texas Court of Criminal Appeals. Wilson explained that a court reporter has likely been working to compile a complete record of the trial to aid in the writing of a brief by Horner’s attorney. The attorney will have a few months to complete this process before the state can respond with its own brief.
Should the Texas Court of Criminal Appeals affirm the conviction, the case can then be appealed to the United States Supreme Court. If the direct appeals fail, Horner’s legal team can file a writ of habeas corpus, which may introduce new evidence in an attempt to challenge the conviction.
A First for Wise County Prosecutor
The case also marked a significant milestone for Wise County Prosecutor James Stainton, who is handling his first death penalty case. The conviction and subsequent appeal have drawn attention to both the legal process and the emotional weight of this tragic case.
The Future of Horner’s Execution
As of now, no specific date has been set for Tanner Horner’s execution. The appeal process will likely extend the legal proceedings, as it typically takes months for death penalty cases to reach final resolutions.
