As Texans head into the 2026 primary season, attention is turning to the state’s highest court for criminal cases, the Court of Criminal Appeals. This nine-member panel, including a presiding judge and eight associate judges, handles appeals from lower courts, direct death penalty appeals from trial courts, and habeas corpus petitions from individuals convicted of state felonies. Judges serve six-year terms and are elected statewide.
The court often makes headlines for high-profile cases, including death penalty rulings and politically sensitive matters such as election-related prosecutions. In recent years, the court blocked the execution of Robert Roberson, sending his case back to trial court, and revisited cases involving the authority of the state attorney general to prosecute election offenses. Historically, the court has been dominated by Republicans, with no current Democratic judges. This year, three seats are up for election, with competitive Republican primaries for Place 3 and Place 9 drawing the most attention.
Below is a closer look at the top candidates running for the upcoming elections, with a focus on experience, campaign financing, endorsements, and stated judicial philosophies.
Place 3
Alison Fox (Republican)
Fox has experience directly within the Court of Criminal Appeals as a staff attorney, including work in the writs of habeas corpus division. She previously directed the conviction integrity unit at the Bexar County District Attorney’s Office and has served as both a prosecutor and criminal appeals attorney in private practice. Her campaign emphasizes protecting the Constitution and upholding the rule of law, and she highlights her faith as an influence on her legal approach.
Fox has raised $20,485 in campaign funds, with significant support from individual donors, including more than $60,000 from a retired individual and smaller contributions from others connected to judicial campaigns. Her endorsements include prominent anti-abortion activists and several editorial boards, reflecting alignment with conservative values and legal experience.
Lesli Fitzpatrick (Republican)
Fitzpatrick brings a mix of state government and legal experience. She has served as director of special litigation for the Texas Department of Criminal Justice’s Office of General Counsel and has worked in multiple legislative offices, including the Texas State Senate and the General Land Office. She has experience as both a criminal prosecutor and defense attorney and previously ran for appellate and county judicial positions.
Her campaign has reported $6,578 in cash on hand, supported by family members and other individual donors. Fitzpatrick’s endorsements include state legislators, law enforcement organizations, and conservative youth groups, reflecting her conservative judicial philosophy and emphasis on textualist interpretation of law.
Thomas Smith (Republican)
Smith is a former assistant attorney general and previously served as counsel to Ken Paxton when he was a state senator. His campaign focuses on public safety issues, including human trafficking and local legal enforcement priorities. Smith has raised $8,244 in campaign funds, with several major donations from private individuals. Endorsements include Republican state legislators and local officials, highlighting his connection to established conservative networks.
Brent Coffee (Republican)
Coffee has served as an assistant attorney general and previously worked as both a prosecutor and defense attorney. He trained at a conservative Catholic law school and emphasizes a judicial philosophy influenced by conservative jurists. Coffee’s campaign cash on hand is relatively low at $608, with small contributions from retired individuals.
Okey Anyiam (Democrat)
Anyiam is a criminal defense attorney with private practice experience. He emphasizes adherence to legislative intent and the law while avoiding judicial overreach. Anyiam’s campaign finances are minimal, with only a small individual contribution reported. He has received endorsements from local and state Democratic organizations, reflecting his alignment with party values in a predominantly Republican court.
Place 4
Kevin Yeary (Republican, incumbent)
Yeary has served on the Court of Criminal Appeals since 2014. He previously worked as an appellate prosecutor in multiple counties and has experience as a private defense attorney and law clerk. Yeary emphasizes restraint in judicial decision-making and was the sole judge to dissent on key rulings related to the attorney general’s authority in election prosecutions.
Yeary’s campaign reports $2,444 in cash on hand, with contributions from individuals and law firms. He has secured endorsements from Governor Greg Abbott, pro-life organizations, and members of the state Republican committee.
Audra Riley (Democrat)
Riley currently presides over a Dallas County Criminal District Court and previously served as a prosecutor and defense attorney. She emphasizes integrity, diligence, and fairness on the bench. Her campaign resources are limited, reporting less than $500 in cash on hand, and her endorsements come from liberal local Democratic groups, reflecting alignment with broader party priorities.
Place 9
John Messinger (Republican)
Messinger is an assistant state prosecuting attorney, representing the state before the Court of Criminal Appeals and other appellate courts. He has also worked in a county district attorney’s office and previously ran for a state appellate court seat. His campaign focuses on strict adherence to the law, criticizing the court for inconsistent rulings and lengthy review processes.
Messinger has $6,472 in campaign cash on hand and has received contributions from private individuals. Endorsements include conservative advocacy groups, youth organizations, and members of the state Republican executive committee, reflecting his alignment with both conservative legal principles and party networks.
Jennifer Balido (Republican)
Balido currently serves as a Dallas County Criminal District Court judge, having been appointed to fill a vacant seat. She has extensive appellate and trial court experience and has previously been appointed to multiple district courts by Governor Rick Perry. Her campaign emphasizes courtroom experience, fairness, and respect for the Constitution.
Balido’s campaign reports $24,696 in cash on hand, with contributions from attorneys and court-related professionals. She has received endorsements from Governor Abbott, law enforcement organizations, and major newspaper editorial boards, highlighting her perceived experience and professional qualifications.
Holly Taylor (Democrat)
Taylor has experience as a criminal and civil appeals attorney in private practice and previously served in the Travis County District Attorney’s Office. She also worked as a rules attorney for the Court of Criminal Appeals and ran for presiding judge in 2024. Taylor emphasizes independent judgment, constitutional adherence, and treating litigants with dignity.
Her campaign has $11,584 cash on hand and has received support from labor unions and Democratic organizations, reflecting her alignment with Democratic legal priorities and advocacy for fair and independent judicial oversight.
What This Means for the Court
The upcoming election has the potential to maintain the Republican dominance of the Court of Criminal Appeals, particularly given the crowded Republican fields and the lack of incumbent Democratic judges. The races are drawing attention not only for the experience and backgrounds of the candidates but also for their fundraising, endorsements, and public presence, which could shape competitiveness in primaries and general elections.
Voters in Texas will be deciding on candidates with varied backgrounds in prosecution, defense, and appellate work, as well as different judicial philosophies ranging from textualist and conservative approaches to independent and reform-minded perspectives. The results of these elections will affect how the court handles high-profile death penalty appeals, election-related prosecutions, and broader criminal justice matters for the state.
