Karmelo Anthony has filed a notice of appeal in the wake of his murder conviction earlier this week in the stabbing death of Austin Metcalf at a high school track meet in Frisco, Texas, last year, KDFW-TV reported.
Anthony, 19, was sentenced to 35 years in prison Tuesday — the same day he was found guilty of murder. He will be eligible for parole after he serves half that time behind bars. The Collin County jury that convicted him also sentenced him; the term of Anthony’s sentence open to jurors ranged from five years to 99 years behind bars.
‘It’s really, really tough to convince the Court of Appeals to overturn a jury verdict once the jury has sat through and heard all the evidence.’
Anthony’s attorneys formally filed the notice of appeal, KDFW said, adding that the filing is a routine procedure in serious felony cases, doesn’t mean a new trial has been granted, and that the appeal process can take months or even years to resolve.
Dallas appellate attorney David Coale told KTVT-TV that Anthony’s legal team could have several strong arguments on appeal — but that any appeal won’t be about what the jury heard; rather it would focus on whether the trial was handled correctly.
The case will be assigned to the 5th District Court of Appeals, which is in downtown Dallas, KTVT said, adding that the 5th District Court of Appeals hears all cases from Dallas County, Collin County, and several other metropolitan counties.
KTVT added that Anthony’s attorneys next will request that the Collin County District Clerk’s Office send documents to the Court of Appeals and that the court reporter prepare a transcript addressing the facts of the case and any legal issues.
The defense likely will argue that there wasn’t enough evidence to convict for murder, KTVT said.
But appellate attorney Chad Ruback told KTVT that may prove to be a difficult road.
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“It’s really, really tough to convince the Court of Appeals to overturn a jury verdict once the jury has sat through and heard all the evidence,” Ruback noted to the station. “It’s entirely possible that the attorneys for Mr. Anthony could argue that maybe the trial court judge didn’t let in some evidence that would have swayed the jury, that would have persuaded the jury to render a not guilty verdict, or a manslaughter verdict, for example.”
A new mug shot of Anthony was taken Tuesday — the day of his conviction and sentencing — after he was placed in the custody of the Collin County Sheriff’s Office:
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Karmelo Anthony. Image source: Collin County (Texas) Sheriff’s Office
On Wednesday, Anthony was transported to the Texas Department of Criminal Justice where another new booking photo was taken, KDFW reported.
Anthony was then transported to his unit of assignment at the Pack Unit near Navasota, KDFW added. Navasota is about three and a half hours south of Frisco.
In addition, Anthony’s GiveSendGo fundraiser — which took in around $630,000 for legal and living expenses — was shut down the day after his conviction and sentencing, the New York Post reported.
GiveSendGo differs from GoFundMe as it allows fundraisers for criminal cases, and the Post added that the platform confirmed the fundraiser closure in a statement to the paper.
“The fundraiser was supported to support pre-trial needs, and those funds were disbursed over the last year,” the statement read, according to the Post. “With that stated purpose complete, the fundraiser has been closed.”
However, Anthony’s mother — Kala Hayes — just launched a new GiveSendGo fundraiser dedicated to her son’s appeal.
The monetary goal is $425,000; as of noon Thursday $60 has been raised.
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