Courts say NO to appeal filed by convicted rapist - Victim only 1 in Rutherford County

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The Criminal Appeal Courts of Tennessee are not allowing a Rutherford County case involving the rape of a very young child to move forward after a recent appeal was filed in Nashville.

The petitioner, Marty Joe Kelley, sexually abused a child over a long period of time. Court records show the abuse started when the victim was only 1-year of age and continued through her 11th birthday. The abuse was intense in description on the documents that WGNS obtained. At the time of the incident, Kelly lived at 100 Carbine Court in Smyrna, according to the Murfreesboro Post.

Kelley was eventually convicted on 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." Kelley was then sentenced to serve the next 36-years behind bars. Kelley later filed documents with the appeals court that he received ineffective assistance of counsel at trial.


The appeals court refused to allow the case to move forward and affirmed the judgment of previously filed courts.



Note: The court documents linked to this story are very graphic.

M2013-02485-CCA-R3-PC - Filed November 18, 2014

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Marty Joe Kelly, Marty Kelly, Murfreesboro news, Rutherford County news, WGNS News
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