Texas Court of Criminal Appeals 2026 election: Who is running and what to know
Sep 29, 2026 | 11:00 am ET
Description
The criminal court decides death penalty case appeals and rules on petitions for those who believe they’ve been wrongfully detained. Here are the candidates for the 2026 race.
Editor’s note: To help readers learn more about the candidates running for statewide seats, The Texas Tribune is sharing information about the Republican, Democratic and third-party candidates. For more information on midterms and the voting process, check out our election resources here.
About this seat: The Court of Criminal Appeals is the state’s highest court for criminal cases. Besides appeals from lower courts, it also hears death penalty appeals directly from trial courts. In addition, it reviews habeas corpus petitions from anyone convicted of a state felony who wants to challenge the legality of their detention. The court includes one presiding judge and eight other judges, who are all elected statewide for six-year terms.
What’s at stake: The Court of Criminal Appeals gets most of its attention for decisions on high-profile death penalty cases, including blocking Robert Roberson’s execution and moving his case back to trial court. The court also has been in the spotlight in recent years over its rulings that Texas Attorney General Ken Paxton’s office can’t unilaterally prosecute election cases, which prompted Paxton to wage a successful campaign in 2024 to oust three Republican judges who disagreed with him. The court then decided early last year to rehear an election wrongdoing case that it had previously thrown out. Overall, the nine-person panel has long been dominated by Republicans and there are currently no Democratic judges. This year, three seats are up for grabs, including the Place 3 and Place 9 seats currently held by Judges Bert Richardson and Judge David Newell who decided not to run for re-electionOnly the Republican primaries for the open seats of Place 3 and Place 9 had more than one candidate.
Candidates at a glance:
Place 3
Thomas Smith
Republican
💰 Campaign finance:
- Cash on hand as of June 30: $11,669
- Raised between Jan. 1-June 30: $103,849
💰 Major donors this year:
- William Holmes, Midland investor – $9,791
- Kirt Linington, roofing professional – $9,599
- Kyle Robertson, sports cards and collectibles shop owner – $7,199
- Kelcy Warren, chair at Energy Transfer – $5,000
- Nathan Irving, pastor – $5,000
Experience:
- Assistant attorney general in the Texas Attorney General’s Office
- Former counsel for Ken Paxton when he was a state senator
- Former counsel in private practice
Political Ideology: Smith is a Republican who says he’s running to keep “women and children safe in an increasingly dangerous culture.” He has also strongly touted his work with Attorney General Ken Paxton and the state Legislature, including on issues such as human trafficking and sanctuary city ban.
Endorsements:
- Texas Attorney General Ken Paxton
- State Sen. Angela Paxton and several other Republican state lawmakers
- Combined Law Enforcement Associations of Texas
- Texas Values
How to contact:
Okey Anyiam
Democrat
💰 Campaign finance:
- Cash on hand as of June 30: $0
- Raised between Jan. 1-June 30: No reports; has been self-funding expenses
💰 Major donors this year:
- None reported
Experience:
- Criminal defense attorney in private practice
Political Ideology: Anyiam is a Democrat who says he wants to “uphold the law without legislating from the bench, and apply the legislative intent unless it’s ambiguous.” He is married to Judge Chika Anyiam, who currently presides over Criminal District Court No. 7 in Dallas County and unsuccessfully ran as a Democrat for a seat on the Court of Criminal Appeals in 2024.
Endorsements:
- Liberal Austin Democrats
- Austin Young Democrats
- State Tejano Democrats
How to contact:
Mark Ash
Libertarian
💰 Campaign finance:
- Cash on hand as of June 30: $0
- Raised between Jan. 1-June 30: $769
💰 Major donors this year:
- Libertarian Booster PAC – $394 in-kind donation of yard signs
- Mike Coogan – $150 in-kind donation of transportation
- Aron Ramos – $150 in-kind donation of transportation
- Missy Vasquez – $75 in-kind donation of meal and consultation
Experience:
- Criminal defense lawyer since 1992
- Graduate of South Texas College of Law in Houston and University of Texas-El Paso
- Unsuccessfully ran for the Court of Criminal Appeals’ Place 2 in 2016 and Place 8 in 2018
- Unsuccessfully ran to be the Texas Supreme Court’s Chief Justice in 2020 and the Texas Attorney General in 2022
Political Ideology: Describes himself as a “Pro Freedom, Pro Liberty Criminal Defense Lawyer” on his Facebook page. The Libertarian Party of Texas’ platform says it seeks “the maximum protection for the rights of all people against any violation” and that “… government must be kept to the minimum necessary to protect the rights of individuals.” The party also says the government should not interfere in personal matters such as free speech, religion, marriage, family and property rights. It also supports the right to bear arms.
How to contact:
Place 4
Kevin Yeary
Republican, incumbent
💰 Campaign finance:
- Cash on hand as of June 30: $2,535
- Raised between Jan. 1-June 30: $3,305
💰 Major donors this cycle:
- Austin Republican Women PAC Fund – $1,500
- John Wittenberg, attorney at Jackson Walker LLP – $500
- David Gaultney, attorney – $250
- Dodie Scott, retired – $250
- Dennis Sullivan, attorney – $250
- Texans for Life Committee LIFE PAC (Spent money in support of the candidate. This may have been done without the candidate’s knowledge or consent.)
- Texas Alliance for Life PAC (Spent money in support of the candidate. This may have been done without the candidate’s knowledge or consent.)
Experience:
- Has served on the Court of Criminal Appeals for more than a decade, after being first elected in 2014.
- Former appellate prosecutor for Dallas, Harris and Bexar counties
- Former defense attorney in private practice
- Former law clerk to a Texas Court of Criminal Appeal judge
Political Ideology: Yeary is a Republican who says judges should avoid policy-making from the bench. He was the only judge out of the nine-person panel to vote against the 2021 ruling that says the Texas attorney general’s office can’t unilaterally prosecute election cases. He was also one of three judges to disagree with the court’s decision to block Robert Roberson’s execution based on the exoneration in another shaken baby case.
Endorsements:
- Gov. Greg Abbott
- The C Club of Houston
- Various members of the State Republican Executive Committee
In the news:
- How Texas’ criminal court judges ruled on Robert Roberson’s stay of execution, The Dallas Morning News (2025)
- Ken Paxton successfully ousts three Republican criminal appeal court judges, The Texas Tribune (2024)
How to contact:
Audra Riley
Democrat
💰 Campaign finance:
- Cash on hand as of June 30: $553
- Raised between Jan. 1-June 30: $400
💰 Major donors this cycle:
- David Howe – $400
Experience:
- Currently presides over Criminal District Court No. 3 in Dallas County, after first being elected to the judge role in 2020.
- Former prosecutor in the Dallas County district attorney’s office
- Former criminal defense attorney in private practice
Political Ideology:
Riley is running as a Democrat. When she ran for reelection to the Criminal District Court No. 3’s judge role in 2024, she said she wanted to continue bringing “justice, integrity, and a strong work ethic to the bench.”
Endorsements:
- Liberal Austin Democrats
- Austin Young Democrats
- State Tejano Democrats
In the news:
- Dallas Man Exonerated, Released From Prison 25 Years After Wrongful Murder Conviction, NBC DFW (2025)
- ICE agents now entering Dallas County probation offices to make arrests, The Dallas Morning News (2025)
How to contact:
Place 9
John Messinger
Republican
💰 Campaign finance:
- Cash on hand as of June 30: $1,169
- Raised between Jan. 1-June 30: $20,812
💰 Major donors this year:
- Ashley Cas, investor at CX5 Partners, LLC – $5,000
- Brandon Hodges, entrepreneur at True Chemical Solutions– $4,164
- Ruth Chambers, retired – $1,562
- Carla Vallejo, homemaker – $1,500
- Steve Robinson, owner of a senior and long-term care services company – $1,041
Experience:
- Assistant state prosecuting attorney, representing the state in front of the Court of Criminal Appeals and immediate appellate courts
- Worked in the McLennan County District Attorney’s office, handling direct appeals, protective orders and other civil matters
- Ran for the Texas Third District Court of Appeals, Place 2 in 2024, but narrowly lost in the general election
Political Ideology:
- Messinger is a Republican who says improvement to the justice system “doesn’t come from judges doing whatever they think is right in their own eyes” but from “enforcing the laws as written to find out what works and what doesn’t.” He also criticizes the Court of Criminal Appeals for issuing rulings that “ignore or conflict” with its own decisions and/or applicable law, as well as the average length it takes for the panel to review a lower court’s decision.
Endorsements:
- True Texas Project
- Young Conservatives of Texas
- Various members of the State Republican Executive Committee
How to contact or learn more:
Holly Taylor
Democrat
💰 Campaign finance:
- Cash on hand as of June 30: $24,625
- Raised between Jan. 1-June 30: $33,634
💰 Major donors this cycle:
- Francis Adair, retired – $5,000
- Sharon Taylor, not employed – $2,500
- Volunteers Organized to Promote Equity – $2,500
- Democratic Women of Comal County – $2,000
- Cyrus Bharucha, patent attorney at ASML – $1,040
Experience:
- Criminal and civil appeals attorney in private practice
- Former director of the division of public integrity and complex crimes for the Travis County District Attorney’s office
- Former rules attorney for the Texas Court of Criminal Appeals
- Ran for the Court of Criminal Appeals’ presiding judge role in 2024, but lost in the general election
Political Ideology: Taylor is a Democrat who says she will “bring an independent voice” to the Court of Criminal Appeals. She also says she’s “passionate about upholding the Constitution and the Rule of Law, and treating everyone with dignity and humanity.”
In the news:
- ‘Experts were wrong’: Carmen Mejia falsely convicted of infanticide, judge says, Austin American-Statesman (2025)
- Man incarcerated for over 20 years released on bond after Travis County DA’s office finds trial was unfair, KVUE (2024)
- After Roberson ruling, upcoming Court of Criminal Appeals election in the spotlight, The Texas Tribune (2024)
- Travis County DA wants to overturn Abbott’s pardon of convicted murderer, The Texas Tribune (2024)
Endorsements:
- Texas AFL-CIO
- State Tejano Democrats
- Texas Progressive Caucus
- Congressmen Lloyd Doggett and Greg Casar
- Liberal Austin Democrats and several other local or young Democrat groups
How to contact:
Disclosure: Energy Transfer has been a financial supporter of The Texas Tribune within the past five years. The Texas Tribune is a nonprofit, nonpartisan news organization that is funded in part by donations from members, foundations and corporate sponsors. Financial supporters play no role in our journalism. Find a complete list of them and more information about our financial and disclosure policies here.
Austin, TX
