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Home » Judge denies Karmelo Anthony’s appeal for a new trial in killing of Austin Metcalf
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Judge denies Karmelo Anthony’s appeal for a new trial in killing of Austin Metcalf

staffstaffAugust 22, 20261 ViewsNo Comments
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Judge denies Karmelo Anthony’s appeal for a new trial in killing of Austin Metcalf

A judge has denied Karmelo Anthony’s request for a new trial in the murder of Austin Metcalf after his new defense team called for it in the wake of his conviction earlier this summer.

Judge Michael Chitty rendered his decision Saturday after testimony stretched into Friday evening. The decision could have a major impact on how people perceive the justice system in Texas.

Anthony was convicted of murdering 17‑year‑old Austin Metcalf after stabbing him during a Frisco ISD track meet in April 2025. A Collin County jury rejected his self‑defense claim and found he intentionally stabbed Metcalf during an altercation. 

“We respect, and expected, the court’s decision denying the motion for a new trial,” Collin County District Attorney Greg Willis said in a statement. “The jury’s guilty verdict stands, and we remain confident in the process. Every defendant has the right to appeal, and our thoughts and prayers remain with the Metcalf family in the painful wake of last week’s hearing.”

CBS News Texas


Russell Wilson, one of Anthony’s attorneys, expressed disappointment with Chitty’s decision.  

“We respectfully disagree with the ruling and remain firmly committed to protecting our client’s rights,” Wilson said. “We believe the issues raised in our motion are substantial and deserve meaningful appellate review. The denial of our motion does not end this case. We will continue the appeal in the Fifth Court of Appeals and pursue every legal remedy available to our client.

“Our commitment to our client has not changed. We will continue to advocate vigorously on his behalf through every lawful avenue available.”

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Collin County District Court


What happened this week?

Friday’s testimony followed a whirlwind day earlier, during which new background information was revealed about both Anthony and Metcalf.

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CBS News Texas


Two attorneys took the witness stand who are best friends in life but on opposite sides of the case.  At one point, their exchange actually got heated over whether Anthony received a fair trial.

Anthony returned to the courtroom where he sat beside his defense attorneys, who continued to present their case that his murder trial was so unconventional, the guilty verdict and 35-year sentence should be thrown out.

The witness they used to prove that point was Toby Shook, one of Anthony’s trial attorneys, who told the judge that prosecutors put them in a corner. 

Shook says the plan was for Anthony to take the stand in his own defense, but that prosecutors were going to severely limit what he could be asked because of a private gentleman’s agreement not to bring up anything from the backgrounds of the defendant or the victim.

What have we learned now?

Both sides made the agreement because Metcalf and Anthony have troubled histories or violent behavior. 

Anthony’s background, which CBS News Texas first revealed publicly last night, was read in the courtroom when the state presented its case. 

In closing arguments, defense attorney Russell Wilson said a heated argument between prosecutors and Anthony’s lawyers caused Anthony to lose trust in the state, contributing to his decision not to testify.

Prosecutor Bill Wirskye, the state’s only witness, said there was never an agreement preventing Anthony from taking the stand. Wirskye, who is acting as lead counsel in this hearing and also prosecuted Anthony in the murder trial, said the unusual rules were necessary because of threats, intense public pressure, and misinformation about the case. His argument: the restrictions protected the trial.

Wirskye outlined a history of high‑profile trials he says were compromised by threats and outside agitators. He claims that justified a murder trial that relied on private pre‑trial hearings, a tightly controlled courtroom, and a gentleman’s agreement to keep the backgrounds of Anthony and Austin Metcalf out of public view.

But the defense says those measures went too far and that the lack of public access violated federal law.

During Thursday’s opening statements, the gloves came off between the defense and prosecutors as they exposed the violent backgrounds of both Anthony and Austin Metcalf.

The defense said that during the first murder trial against Anthony, the private off-the-record agreements made it impossible for him to have a fair trial.

It was revealed Thursday that there was a private off-record agreement to keep the sordid backgrounds of both Anthony and Austin Metcalf from the jury and the public so that the murder trial would focus solely on what happened under the tent at the Frisco high school track meet last year. 

CBS News Texas learned new details about Austin Metcalf and his twin brother Hunter Metcalf’s background from court documents that included a graffiti incident, his use of racial slurs, bullying and assault allegations.

But the never-before-released details of Anthony’s teen years in Louisiana up to the day of his arrest for murder are also disturbing, which include threatening texts, stalking, and assault allegations.

Andrea Lucia and

Amelia Mugavero

contributed to this report.

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