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Judge's Failure to Sign Order Leaves Tanner Horner's Death Sentence Intact

The unsigned ruling sends the case into the automatic direct appeal at the Texas Court of Criminal Appeals with sensitive trial exhibits sealed.

Overview

  • A judge did not sign Tanner Horner’s motion for a new trial, and the absence of an order resulted in an automatic denial reported Monday.
  • Horner pleaded guilty in May to kidnapping and killing 7‑year‑old Athena Strand and a jury answered special issues that produced a death sentence.
  • His defense argued that intense media coverage intimidated key witnesses and made a fair trial impossible, a claim the court declined to sustain in denying the motion.
  • Prosecutors relied on recorded audio from Horner’s delivery van, testimony that prosecutors said described sexual assault, and other investigative evidence during the 19‑day trial.
  • The denial does not end review: the case moves to an automatic direct appeal at the Texas Court of Criminal Appeals and could later include habeas proceedings where new evidence may be raised.