MARSHALL COUNTY, Ala. (WHNT) — Jimmy O’Neal Spencer is appealing his conviction less than six months after he was found guilty on seven counts of capital murder and sentenced to death.

According to court records, Spencer filed a motion requesting a new trial in December. That motion was denied by Marshall County Circuit Judge Tim Riley on Jan. 5, 2023.

Spencer was found guilty of seven counts of capital murder on October 26, 2022, for the July 2018 killings of Marie Martin, her 7-year-old great-grandson Colton Lee, and her neighbor Martha Reliford in Guntersville.

In his appeal, Spencer listed several reasons why he believed a new trial would be necessary, saying the “verdict of guilt and death were contrary to the law and the great weight of the evidence presented” against him, the motion read.

He went on to say that the evidence included in the trial leading to his ultimate conviction was “generally insufficient,” adding that a “reasonable jury could not have found the circumstantial evidence of guilt was inconsistent with any rational hypothesis consistent with [Spencer’s] innocence.”

Spencer’s defense points to what it claims are further reasoning for a new trial, declaring the court denied his motion to prevent death due to intellectual disability, along with claiming that the court denied his motion for a change of venue.

The motion also stated that the seven guilty verdicts for three killings violate the double jeopardy requirements in Alabama.

As of Feb. 7, a motion to provide the court reporter more time throughout the appeals process was granted by Judge Riley.

While his verdict was read, Spencer was seen smirking and taking a deep breath in the courtroom. Members of the victims’ families were emotional in the gallery after the verdict.

The jury, made up of seven men and five women, deliberated for about 35 minutes before returning with a verdict.

“It’s ordered and judged by this court that you be sentenced to death and you deserve death. If there ever was a reason for the death penalty to exist in this state, you’re it,” said Judge Riley.

According to Judge Riley, the case has moved on to the Alabama Court of Criminal Appeals.