MURFREESBORO, Tenn. (WGNS News) - A Rutherford County post-conviction court decision has been upheld following a challenge by a man convicted of killing his wife in 2019. Martin B. Montemayor originally entered a guilty plea to second-degree murder in 2022 in exchange for a life sentence without the possibility of parole.
For years, Judith, who went by the name of “Judi,” was one of the friendly faces that greeted customers almost daily at Donut Country in Murfreesboro. She worked as a manager at the Memorial Boulevard location and was described as being loyal, trustworthy, and kind, by her co-workers, customers, and friends. After her passing, the news of her death was overwhelmingly hard for many people to process. Customers previously expressed their appreciation for the quiet kindness that shined behind her smile, describing her death as surreal and unimaginable.
From the investigation to the courtroom, the entire case highlighted the dangers of domestic violence and how unpredictable a person can be. This case demonstrated how someone capable of violence can hide behind a facade, not revealing their true self until later in a relationship.
Prior to the conviction, Rutherford County District Attorney General Jennings Jones described the crime scene from 2019... Judi Montemayor was fatally stabbed multiple times during the early morning hours of Sunday, March 31, 2019, at the Sunset Avenue home that she once shared with the man responsible for her death.
Years after the victim was laid to rest, Montemayor was convicted. After the conviction, he filed for post-conviction relief, arguing that his guilty plea was “unlawfully induced” or “involuntary,” and that he received ineffective legal representation. The petitioner also suggested that he was incorrectly sentenced as a repeat violent offender. The post-conviction court closed the door on his initial petition, but the legal battle continued.
Original court records indicated his conviction followed a negotiated plea agreement. During the plea hearing, the trial court asked the subject if he understood the State's resolution, to which he confirmed that he did. He was also asked if he was satisfied with his legal representation, which he confirmed. It was at that point that the trial court explained the rights he would waive by moving forward with a guilty plea. Court documents show he responded, “Yes, sir”.
One of the argument's raised by Montemayor focused on being incorrectly sentenced as a repeat offender, but according to court documents, it appears that sentencing was correct and aligned with his past history. The records show that the State questioned the Petitioner, asking if he had three prior homicide convictions from the State of Texas. Documents show the petitioner confirmed those homicides were three separate occurrences, affirming, “Three separate, yes”.
After being questioned by the State, the trial court went on to ask if Montemayor was entering the plea as a “free and voluntary act”. He confirmed that he was, with the record showing he responded, “Yes, sir”. When asked if he was coerced or forced to plead guilty, he responded, “No, sir”.
The subject's recent appeal went to the Court of Criminal Appeals of Tennessee, where he challenged the denial issued by the Rutherford County post-conviction court. However, the appellate judges did not see the case through the same lens as the petitioner and sided with the lower court.
On Wednesday, May 13, 2026, Montemayor's appeal was officially denied. The appellate court in Nashville affirmed the judgment of the circuit court.
Judi Montemayor was laid to rest under the name of Judith Ann Upchurch Mitchell, leaving off the last name of the man who took her life.
The state previously provided certified copies of the petitioner's prior murder convictions to support the repeat violent offender status. In Tennessee, Department of Correction records reflect that his sentence went into effect upon his arrest on March 31, 2019, the same night that the victim was found at the former couple's home near Mitchell-Neilson Elementary School in Murfreesboro. The data shows he will serve the remainder of his life in a Tennessee State prison. After losing this latest appeal, it appears that he will remain behind bars for the rest of his life.
Original mugshot below. Photo above article: (L to R) Judith Ann Upchurch Mitchell and the Convicted, Martin B. Montemayor
