Upcoming Appeals for Texas Death Row Inmates in 2026

In 2026, Texas will hear significant appeals from death row inmates Robert Roberson, Brittany Holberg, and David Wood, each of whom has faced lengthy legal battles tied to disputed convictions. The Texas Court of Criminal Appeals has granted stays on their executions, allowing for further examination of their cases. This comes amid a backdrop of declining execution rates in Texas, which has historically led the nation in capital punishment.

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Robert Roberson was convicted in 2003 for the murder of his 2-year-old daughter, Nikki, under allegations of shaken baby syndrome. He has consistently maintained his innocence, attributing her death to pneumonia complications. In October 2025, the Texas Court of Criminal Appeals halted his execution just days before it was scheduled, citing Texas' 2013 "junk science" law, which permits the reexamination of convictions based on discredited scientific evidence. Roberson's case will return to trial court for further review, with his attorney expressing confidence in a favorable outcome based on evolving medical evidence.

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Brittany Holberg's conviction for the 1998 murder of A.B. Towery was overturned by the U.S. 5th Circuit Court of Appeals in March 2025. Key to this decision was the revelation that a witness, Vickie Kirkpatrick, who testified against Holberg, was a paid informant for the Amarillo police. The court's ruling emphasized the prosecution's failure to disclose this information, which undermined the integrity of Holberg's trial. A hearing is scheduled for January 2026 to further address her case.

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David Wood, sentenced to death for the murder of six girls and a woman in El Paso in 1987, also received a stay of execution in March 2025, just two days before he was to be executed. Wood's claims include allegations of false testimony and the suppression of evidence during his trial. The Texas Court of Criminal Appeals has not specified which claims were substantiated, but his case will undergo further review.

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The upcoming appeals for Roberson, Holberg, and Wood highlight ongoing concerns regarding the reliability of evidence used in capital cases. Kristin Houlé Cuellar, executive director of the Texas Coalition to Abolish the Death Penalty, noted that appeals are a natural part of the death penalty process, but the nature of these appeals raises questions about the efficacy and morality of pursuing capital punishment, especially in cases involving potentially innocent individuals.

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The U.S. 5th Circuit Court of Appeals is set to hear oral arguments in Holberg's case in January 2026, while reviews for Roberson and Wood's cases will also take place. The outcomes of these appeals could set significant precedents regarding the treatment of forensic evidence and due process in capital convictions, not only in Texas but potentially across the United States.

Newsweek

• “We are relieved and grateful that members of the CCA appreciate the parallels between Andrew Roark’s case and Robert Roberson’s, and the case is being sent back to the district court for further proceedings…We are confident that an objective review of the science and medical evidence will show there was no crime.” — Gretchen Sween, Attorney for Robert Roberson

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• “' "The state did not disclose Kirkpatrick's work as a paid informant until after Holberg was sentenced to death.” — Judge Patrick E. Higginbotham, U.S. 5th Circuit Court of Appeals

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• “We are grateful that the CCA recognized the seriousness of Mr. Wood's claims, which present a substantial amount of new evidence showing Mr. Wood's innocence, including evidence that was withheld by the State during his trial.” — Gregory W. Wiercioch and Jeremy Schepers, Attorneys for David Wood

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The legal landscape surrounding these cases remains complex, with the potential for significant changes in how capital punishment is administered in Texas.

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