All Content

Posted by: Brittany Sims on Nov 18, 2014

Court: TN Court of Criminal Appeals

Attorneys 1:

G. Jeff Cherry, Lebanon, Tennessee, for the appellant, Marty Joe Kelley.

Attorneys 2:

Robert E. Cooper, Jr., Attorney General & Reporter; Clark B. Thornton, Senior Counsel; William C. Whitesell, Jr., District Attorney General; and Laural Nutt Hemenway, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge(s): OGLE

The Petitioner, Marty Joe Kelley, appeals the Rutherford County Circuit Court’s denial of his petition for post-conviction relief from his convictions for five counts of rape of a child, three counts of aggravated sexual battery, nine counts of rape without consent, eighteen counts of especially aggravated sexual exploitation of a minor, and two counts of soliciting sexual exploitation of a minor and resulting effective sentence of thirty-six years to be served at 100%. On appeal, the Petitioner contends that he received the ineffective assistance of counsel at trial. Based upon the oral arguments, the record, and the parties’ briefs, we affirm the judgment of the post-conviction court.