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New judge has days to decide whether Karmelo Anthony's conviction and 35-year sentence survive

First publishedAug 20, 13:52 UTC
Last updatedAug 21, 10:57 UTC · 8m ago
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New judge has days to decide whether Karmelo Anthony's conviction and 35-year sentence survive
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A newly assigned judge has only days to decide whether Karmelo Anthony’s murder conviction survives, putting his 35-year sentence and chance at a second trial on a fast-moving legal clock after the judge who presided over his trial was removed Wednesday.Retired District Judge Michael Chitty is scheduled to hear Anthony’s motion for a new trial Thursday, after Judge Sid Harle removed Judge John Roach from Anthony’s remaining trial-court proceedings Wednesday.Harle found that a reasonable outside observer could question whether Roach appeared impartial after Roach said in a post-trial television interview that the jury "got it right" and defended several of his trial decisions.TEXAS JUDGE WHO PRESIDED OVER KARMELO ANTHONY MURDER TRIAL REMOVED FROM CASE OVER 'GOT IT RIGHT' COMMENTRoach’s removal is a significant win for Anthony’s new legal team, but it does not erase his conviction or sentence. The far more consequential question is whether Chitty will grant Anthony a new trial.Austin Metcalf’s father, Jeff Metcalf, said Roach’s removal did not change his view of the case because it did not alter the evidence that led to Anthony’s conviction."It’s just one step in a long journey," Metcalf said Wednesday on "The Will Cain Show." "It doesn’t really change the facts."Anthony, 19, was convicted in June of murdering 17-year-old Austin Metcalf, whom prosecutors said he fatally stabbed during an altercation at a Frisco track meet.

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A newly assigned judge has only days to decide whether Karmelo Anthony’s murder conviction survives, putting his 35-year sentence and chance at a second trial on a fast-moving legal clock after the judge who presided over his trial was removed Wednesday.Retired District Judge Michael Chitty is scheduled to hear Anthony’s motion for a new trial Thursday, after Judge Sid Harle removed Judge John Roach from Anthony’s remaining trial-court proceedings Wednesday.Harle found that a reasonable outside observer could question whether Roach appeared impartial after Roach said in a post-trial television interview that the jury "got it right" and defended several of his trial decisions.TEXAS JUDGE WHO PRESIDED OVER KARMELO ANTHONY MURDER TRIAL REMOVED FROM CASE OVER 'GOT IT RIGHT' COMMENTRoach’s removal is a significant win for Anthony’s new legal team, but it does not erase his conviction or sentence. The far more consequential question is whether Chitty will grant Anthony a new trial.Austin Metcalf’s father, Jeff Metcalf, said Roach’s removal did not change his view of the case because it did not alter the evidence that led to Anthony’s conviction."It’s just one step in a long journey," Metcalf said Wednesday on "The Will Cain Show." "It doesn’t really change the facts."Anthony, 19, was convicted in June of murdering 17-year-old Austin Metcalf, whom prosecutors said he fatally stabbed during an altercation at a Frisco track meet. A Collin County jury sentenced Anthony to 35 years in prison.KARMELO ANTHONY ISOLATED IN JAIL AS TRACK MEET KILLER APPEALS CONVICTION, PREPS FOR PRISON STINTCriminal appellate lawyer Brett Ordiway said motions to remove a judge are difficult and uncommon, but a motion for a new trial is a much steeper legal climb."Granting that motion wipes out the conviction and the sentence altogether and gives Karmelo Anthony a new trial," Ordiway told Fox News Digital. "It is very, very difficult to win these motions in any case, and I would be surprised if they were successful here."KARMELO ANTHONY BLASTS JUDGE IN NEW FILING OVER HANDLING OF MURDER TRIALAnthony’s attorneys argued Roach could not fairly consider the new-trial request because his public comments addressed the same issues they raise in their motion, including courtroom access.FOLLOW THE FOX TRUE CRIME TEAM ON XThe motion argues Anthony’s trial was not open enough to the public.

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A newly assigned judge has only days to decide whether Karmelo Anthony’s murder conviction survives, putting his 35-year sentence and chance at a second trial on a fast-moving legal clock after the judge who presided over his trial was removed Wednesday.Retired District Judge Michael Chitty is scheduled to hear Anthony’s motion for a new trial Thursday, after Judge Sid Harle removed Judge John Roach from Anthony’s remaining trial-court proceedings Wednesday.Harle found that a reasonable outside observer could question whether Roach appeared impartial after Roach said in a post-trial television interview that the jury "got it right" and defended several of his trial decisions.TEXAS JUDGE WHO PRESIDED OVER KARMELO ANTHONY MURDER TRIAL REMOVED FROM CASE OVER 'GOT IT RIGHT' COMMENTRoach’s removal is a significant win for Anthony’s new legal team, but it does not erase his conviction or sentence. The far more consequential question is whether Chitty will grant Anthony a new trial.Austin Metcalf’s father, Jeff Metcalf, said Roach’s removal did not change his view of the case because it did not alter the evidence that led to Anthony’s conviction."It’s just one step in a long journey," Metcalf said Wednesday on "The Will Cain Show." "It doesn’t really change the facts."Anthony, 19, was convicted in June of murdering 17-year-old Austin Metcalf, whom prosecutors said he fatally stabbed during an altercation at a Frisco track meet.
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