Tanner Horner files appeal after receiving death sentence for killing 7yearold Athena Strand
May 12, 2026
An appeal has officially been filed on behalf of Tanner Horner, the man who was sentenced to death for killing 7-year-old Athena Strand in November 2022, less than a week after he was sentenced.
Horner pleaded guilty to killing Strand on the first day of the trial, prompting the trial to immediat
ely enter the sentencing phase. Jurors were tasked with deciding whether Horner would be sentenced to death or spend life in prison without parole.
During the trial, the jury heard a chilling audio recording of Strand’s abduction and murder taken from within Horner’s delivery van. Horner covered the camera before attacking the girl, but the microphone still recorded about an hour’s worth of audio.
The jury also heard gruesome testimony from the investigators who interviewed Horner in the days after the girl’s disappearance and of their search and recovery of her body.
Horner’s defense team told the jury about the defendant’s upbringing, highlighting his own abuse and mental health challenges, and argued his life should be spared because he would no longer be a threat in prison.
After 19 days of testimony, both sides rested their cases on May 4, 2026. The jury reached its final decision about Horner’s fate after about two-and-a-half hours of deliberation.
Previous Trial Coverage: Day 1 | Day 2 | Day 3 | Day 4 | Day 5 | Day 6 | Day 7 | Day 8 | Day 9-11 | Day 12 | Day 13 | Day 14 | Day 15 | Day 16 | Day 17 | Day 18 | Day 19 | Day 20
Horner’s attorney has filed an appeal with the Texas Court of Criminal Appeals, the state’s highest criminal court.
According to the Texas Code of Criminal Procedure, “The judgment of conviction and sentence of death shall be subject to automatic review by the Court of Criminal Appeals.”
The death penalty appeals process can involve two phases: a direct review and habeas corpus proceedings. The direct review is limited to the record from Horner’s first trial. His defense attorneys will argue that an error occurred during the initial proceedings and that his conviction should be overturned.
During habeas corpus proceedings, new evidence and testimony can be introduced. The trial court will review the new evidence and make a recommendation to the Court of Criminal Appeals regarding whether or not to overturn the sentence.
It is unclear at this time whether Horner has filed a writ of habeas corpus with the courts.
If the Texas Court of Criminal Appeals affirms Horner’s sentence, he can appeal to the United States Supreme Court for review.
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