Tanner Horner filed an appeal after being sentenced to death for killing Athena Strand. Appeals are automatic in death penalty cases.
FORT WORTH, Texas — Less than a week after a Tarrant County jury sentenced Tanner Horner to death for the murder of 7-year-old Athena Strand, an appeal has been filed on his behalf.
Horner was sentenced to death after 20 days of testimony in the sentencing phase of the trial, which began immediately after he pleaded guilty to the murder of Athena. Jurors heard extensive testimony from both the prosecution and defense before determining his sentence, which state law dictated would either be life in prison or the death penalty, WFAA previously reported.
Horner’s attorney filed the appeal with the Texas Court of Criminal Appeals, the highest court of criminal jurisdiction in the state.
A defendant sentenced to death is entitled to an automatic appeal to the Texas Court of Criminal Appeals, according to state law. Now, the record of the trial, including all documents filed, evidence presented, and the written record of the testimony, will be filed with the court of appeals.
Horner’s attorney, who is now considered an appellant, will file a brief arguing that an error occurred during the trial and the sentence should be overturned, according to state law. The prosecuting attorney for the state will file a brief in response, arguing the opposite.
The court will review the briefs and the case and either affirm or reverse the court’s decision. If the court of appeals affirms the conviction, sentence, or both, Horner can then appeal to the United States Supreme Court for review.
A defendant sentenced to death can also make a separate appeal to the state for a writ of habeas corpus to raise claims based on facts outside the trial. For example, this is where Horner could argue ineffective assistance of trial counsel.
In most cases, a death-sentenced defendant will automatically receive assistance from the Office of Capital and Forensic Writs immediately after they are sentenced.
“A death-sentenced inmate’s direct appeal and state habeas application are usually reviewed simultaneously by the Court of Criminal Appeals,” according to state law.
In their application, the defendant typically argues that the sentence is unlawful or violates the defendant’s constitutional rights, and the state will respond to the application to refute the defendant’s claim. The trial court then reviews the claims and recommends that the Criminal Court of Appeals either does or does not overturn the conviction or sentence.
After the Court of Criminal Appeals denies relief, the trial court may set a defendant’s execution date. However, the defendant is still entitled to appeal to the federal courts.
It’s not clear as of May 12, 2026 whether Horner has filed a writ of habeas corpus with the courts.
For a full recap of WFAA’s extensive coverage of the trial, go here.
Maitlyn Gandy, Athena’s mother, previously told WFAA that after the trial wraps, her focus will shift to honoring the legacy of Athena through the nonprofit “Athena Strand’s Army.”
Gandy told WFAA her mission will be to push for faster alert systems for missing children and a change in how Amber Alerts are issued. Some of that has already been accomplished with the Athena Alert, which allows Texas law enforcement to issue regional alerts for missing children within a 100-mile radius without needing immediate proof of abduction.
“Athena Strand’s Army” will also support communities and provide scholarships.