A Texas judge has rejected a motion for a new trial filed by Tanner Horner, the former FedEx driver sentenced to death for the 2022 kidnapping and murder of seven-year-old Athena Strand. The ruling does not end Horner’s legal fight, as his death sentence automatically triggers an ongoing appeal before the Texas Court of Criminal Appeals.
Under Texas law, any conviction resulting in a death sentence is subject to mandatory review by the state’s highest criminal court. Horner’s defense team is currently pursuing that direct appeal, which is limited to reviewing the record from his original trial and arguing that legal errors occurred during the proceedings.
A separate phase known as habeas corpus proceedings may follow, during which new evidence and witness testimony can be introduced. In that phase, the trial court would evaluate any new material and make a recommendation to the Court of Criminal Appeals on whether the sentence should stand.
Horner’s attorneys had argued that intense media coverage of the case created an environment in which key witnesses felt intimidated and ultimately refused to testify. The defense claimed those circumstances made it impossible for Horner to receive a fair trial. The presiding judge rejected that argument in denying the new trial motion.
Horner entered a guilty plea in the case. The trial’s purpose was solely to determine whether he would spend the rest of his life in prison or face execution. Jurors deliberated for roughly two and a half hours before reaching their decision after 19 days of testimony concluded on May 4, 2026.
Among the most disturbing evidence presented during the sentencing phase was an audio recording captured inside Horner’s delivery van during the abduction and killing of Strand. Horner had covered the vehicle’s camera before attacking the child, but the microphone remained active and recorded approximately one hour of audio that prosecutors played for the jury.
Investigators who interviewed Horner after Strand’s disappearance and participated in the recovery of her body also testified, providing graphic details of the case. The defense countered by presenting testimony about Horner’s troubled upbringing, including accounts of abuse and mental health struggles, in an effort to persuade jurors to spare his life.
The jury ultimately voted in favor of the death penalty. If the Texas Court of Criminal Appeals upholds the sentence following its review, Horner’s legal team retains the option to petition the United States Supreme Court for further consideration.
Athena Strand was reported missing from her home in Wise County in late 2022. Her body was recovered days later after Horner led investigators to the location where he had discarded her remains.
