State of Tennessee v. Marty Lynn Judd
CourtCourt of Criminal Appeals of Tennessee
Date FiledJune 30, 2026
DocketM2025-01544-CCA-R3-CD
JudgeJudge Steven W. Sword
StatusPublished
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Full Opinion
06/30/2026
IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE
AT NASHVILLE
Assigned on Briefs May 12, 2026
STATE OF TENNESSEE v. MARTY LYNN JUDD
Appeal from the Circuit Court for Warren County
No. 19-CR-2571 Larry B. Stanley, Jr., Judge
___________________________________
No. M2025-01544-CCA-R3-CD
___________________________________
The Defendant, Marty Lynn Judd, appeals from his Warren County Circuit Court
convictions of second degree murder and possession of a prohibited weapon, for which he
received an effective sentence of twenty-six years’ incarceration. On appeal, the Defendant
challenges the sufficiency of the convicting evidence. He also asserts that the trial court
erred by overruling his objections to hearsay and to leading questioning during the State’s
direct examination of a witness. Discerning no error, we affirm.
Tenn. R. App. P. 3 Appeal as of Right;
Judgments of the Circuit Court Affirmed
STEVEN W. SWORD, J., delivered the opinion of the court, in which ROBERT L. HOLLOWAY,
JR., and TIMOTHY L. EASTER, JJ., joined.
Amanda J. Gentry, Nashville, Tennessee, for the appellant, Marty Lynn Judd.
Jonathan Skrmetti, Attorney General and Reporter; Benjamin A. Ball, Senior Assistant
Attorney General; Michael J. Hurst,1 Qualified Law Student; Matthew T. Colvard, District
Attorney General for the appellee, State of Tennessee.
OPINION
I. FACTUAL AND PROCEDURAL HISTORY
This case arises from the August 28, 2009 murder of the victim, Rebecca
Mooneyham. The victim’s case was designated as a cold case until the Defendant’s
1
Mr. Hurst participated in this case as a qualified law student pursuant to authority granted by
Tennessee Supreme Court Rule 7, section 10.03.
October 17, 2019 arrest. On December 6, 2019, a Warren County grand jury returned a
two-count indictment charging the Defendant with one count of first degree murder relating
to the victim’s death and with one count of possession of a prohibited weapon relating to
evidence recovered following the October 17, 2019 execution of a search warrant at the
Defendant’s home. The Defendant proceeded to trial on September 30, 2024.
James “Bo” Ramsey testified that he had worked as an investigator for the Warren
County Sheriff’s Department (WCSD) from 1998 until his retirement in 2024. Investigator
Ramsey testified that in 2008, he was assigned to investigate a juvenile delinquency case
involving the Defendant and the victim’s son, Holden Mooneyham,2 who was a minor at
the time. Investigator Ramsey recalled that the case involved “some missing motorcycles”
and that Holden ultimately gave a written confession to taking the motorcycles from the
Defendant’s home. A juvenile delinquency proceeding was held on October 6, 2008, in
which the victim, who was not an attorney, acted as Holden’s counsel. Investigator
Ramsey stated that the juvenile delinquency petition was ultimately dismissed without
prejudice because an essential witness was not present to testify at the proceeding. He
recalled that the Defendant “became irate” after the case was dismissed and began
screaming and yelling as he exited the courtroom.
Randal Gilliam testified that he had worked as an Assistant District Attorney
General in Warren County from 2007 to 2022. Mr. Gilliam recalled that he represented
the State at the October 6, 2008 juvenile delinquency proceeding. He further recalled that
the proceeding involved an accusation that Holden had stolen the Defendant’s motorcycles
and “other miscellaneous property.” He noted that he had believed the proceeding would
be a “fairly simple matter” until the victim, acting as Holden’s counsel, elicited proof that
the Defendant’s daughter had given Holden permission to ride the Defendant’s
motorcycles. Mr. Gilliam thereafter informed the juvenile court that he did not wish to
proceed with the matter until he was able to speak with the Defendant’s daughter.
Accordingly, the juvenile court dismissed the juvenile delinquency petition without
prejudice.
Mr. Gilliam stated that the Defendant “blasted through the back doors” of the
courtroom after the case was dismissed. Mr. Gilliam recalled that he attempted to explain
the case’s procedural status to the Defendant, but that the Defendant refused to “listen[] to
anything” Mr. Gilliam said to him. He described the Defendant as “very upset” with the
case’s outcome. On cross-examination, Mr. Gilliam noted that he initially requested a
continuance after learning of the Defendant’s daughter’s involvement with the case and
that the juvenile court denied this request.
2
Because Holden Mooneyham shares the same surname as the victim and Mr. Mooneyham, we
will hereafter refer to him by his first name for clarity. We intend no disrespect.
-2-
Devoni Barkes testified that the victim and Phillip Mooneyham were her parents.
At the time of the victim’s murder, Ms. Barkes lived in Nashville, where she was enrolled
in mortuary science school, and the victim, Mr. Mooneyham, and Holden lived together in
a home on Lawson Mill Road in McMinnville. She stated that the victim was a retired
school bus driver.
Ms. Barkes recalled that she had bimonthly three-day weekends while enrolled in
school and typically spent them at the victim’s home. Ms. Barkes testified that she visited
the victim on the weekend of August 28, 2009. On the morning of the 28th, Ms. Barkes
and the victim went to a doctor’s appointment, paid bills, ate lunch, and shopped for
groceries together before returning home. When Mr. Mooneyham arrived home from
work, the family attended a church revival service together. Afterward, the family returned
home and ate dinner. Mr. Mooneyham and Holden went to their bedrooms, while the
victim and Ms. Barkes retired to the living room.
Ms. Barkes described the victim’s living room as including a recliner chair in which
the victim routinely sat, read her Bible, watched television, and slept. Ms. Barkes noted
that the recliner was angled to permit the victim to either watch television or look out the
living room’s picture window while seated. She also noted that the victim kept a keyboard
piano in front of the picture window. Ms. Barkes testified that the victim used her keyboard
to practice playing piano and to write songs for church. Ms. Barkes stated that an end table
sat adjacent to the victim’s recliner and separated it from a small couch.
Ms. Barkes testified that she sat on the couch and the victim sat in her recliner.
There, Ms. Barkes and the victim talked, watched television, and eventually fell asleep.
Ms. Barkes was unsure how long she had slept but stated that she was awakened at some
point by a loud noise. She had fallen asleep with her back facing the picture window, and
when she rolled over, she noticed that there was something on her face. Ms. Barkes wiped
her face and saw the victim resting in her recliner “like nothing happened.” She noted,
however, that the victim had “something on her face.” Ms. Barkes attempted to wake the
victim by shaking her, but she was unsuccessful. Ms. Barkes then ran down the hallway
to wake Mr. Mooneyham and Holden. After informing her father and brother that the
victim was “hurt,” Ms. Barkes called 911.
A recording of the 911 call was played for the jury. Ms. Barkes briefly spoke with
the 911 operator and then handed the phone to Mr. Mooneyham, who identified himself.
Mr. Mooneyham requested that an ambulance be sent to his home and stated that someone
had driven past his home and “shot [his] wife in the head.” Mr. Mooneyham explained
that the victim had been sitting in her recliner when she was shot and that he had been lying
in bed. He stated that he had “no idea” who might have shot the victim. He stated that
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“half of [the victim’s] head was missing” and that she was unresponsive and breathing
heavily. He further noted that he heard someone “take off” shortly after he heard the
gunshot and that the vehicle sounded like a “smaller car.”
Ms. Barkes testified that after Mr. Mooneyham spoke with the 911 operator, he
instructed her and Holden to go to their rooms and get dressed. An ambulance and police
arrived shortly thereafter, and Ms. Barkes gave a written statement to law enforcement.
Ms. Barkes later visited the victim at Vanderbilt University Medical Center, where her aunt
helped her brush and remove “pieces of brain,” “skull,” and “glass” from her hair. Ms.
Barkes recalled that the victim was placed on life support when she arrived at the hospital
and removed from life support on the morning of August 29, 2009.
On cross-examination, Ms. Barkes testified that the victim’s property on Lawson
Mill Road was large. She recalled that the only vehicle she saw in the driveway on the
night of the victim’s murder was the victim’s gold Jeep Grand Cherokee; she noted that
she parked her own vehicle in a separate driveway elsewhere on the property. Ms. Barkes
estimated that she and her family returned to the home between several days and a week
following the shooting. She recalled that the victim’s recliner had been removed, that there
was a large hole in the picture window, and that there were several holes in the wall behind
where the recliner had previously sat.
WCSD Investigator Jason Rowland testified that he responded to the victim’s home
at approximately 11:00 to 11:30 p.m. on August 28, 2009. When he arrived, he was
informed that the victim had been shot in the head. After Mr. Mooneyham consented to
law enforcement’s request to search his home, Investigator Rowland began processing the
crime scene. Investigator Rowland testified that he took photographs of the crime scene,
and several were shown to the jury. These photographs depicted the victim’s bloodstained
recliner and its surroundings, the nearby couch, a bullet hole in the picture window, a bullet
hole in the wall behind the victim’s recliner, a computer desk through which the bullet
penetrated, and the outside of the victim’s home.
Investigator Rowland testified that he recovered several bullet fragments during his
investigation, which he collected and sent to the Tennessee Bureau of Investigation (TBI)
for examination. He stated that he and the other investigators formulated several theories
regarding the victim’s murder during the course of the investigation. He recalled that one
such theory was that the victim had been shot in a drive-by shooting. Investigator Rowland
opined that he disagreed with the drive-by shooting theory because this case involved a
singular gunshot, whereas drive-by shootings typically involve multiple gunshots fired in
a “linear pattern.”
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Investigator Rowland described Lawson Mill Road as a “loop” road, with two
entrances. He stated that the Defendant lived approximately 800 yards from the victim.
Photographs of the exterior of the Defendant’s home, taken in 2019, depicted a 1986
Chevrolet Suburban parked in the Defendant’s driveway. Investigator Rowland stated that
this vehicle was registered in the Defendant’s name.
On cross-examination, Investigator Rowland testified that he and other members of
law enforcement remained at the victim’s home for several days after the shooting as they
continued their investigation. He agreed that the victim’s recliner was moved at some point
during the investigation as the investigators attempted to track the path the bullet would
have taken through the picture window. He also agreed that he had seen several vehicles,
including the 1986 Chevrolet Suburban, parked at the Defendant’s home.
Investigator Rowland testified that law enforcement collected a firearm and
ammunition from the victim’s home, and that these items were also sent to the TBI for
examination. On redirect examination, Investigator Rowland stated that the firearm
recovered from the victim’s home did not match the type of firearm used to shoot the
victim.
Pamela Yates testified that she visited her sister’s home on the evening of August
28, 2009, and then drove to her own home on Lawson Mill Road around 11:00 or 11:30
p.m. Ms. Yates recalled that it was dark outside and that there were no streetlights on
Lawson Mill Road. As she drove home, Ms. Yates saw a large, dark-colored SUV with its
headlights off round a curve in the road and drive towards her. Ms. Yates testified that she
was forced to pull her vehicle into another home’s front yard to avoid colliding with the
SUV. Ms. Yates later recounted this incident to Dawn Taylor, who informed her that she
“needed to talk to somebody.” Ms. Yates ultimately gave a statement to WCSD Officer
Kevin Murphy. Officer Murphy transcribed Ms. Yates’s statement, and Ms. Yates signed
the statement. She agreed that the statement described the SUV as light-colored, but she
averred that she told Officer Murphy “numerous times” that the SUV was dark-colored.
On cross-examination, Ms. Yates agreed that Officer Murphy took her written
statement in April 2010. She averred that Officer Murphy did not tell her that he was
investigating the victim’s murder when he took her statement. She maintained that she
described the SUV as dark-colored to Officer Murphy and testified that she did not read
Officer Murphy’s transcription of her statement before she signed it.
Dr. Feng Li testified that he performed the victim’s autopsy on August 30, 2009.
Relying upon his autopsy report, Dr. Li testified that the victim had been sitting in her
home when she “was shot multiple times through the window in a drive-by shooting.” Dr.
Li agreed that he received this information from Vanderbilt University Medical Center
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following the victim’s arrival and treatment. He stated that the victim had suffered a
gunshot wound to the right side of her forehead, which caused “extensive injury to the right
hemisphere.” He also noted that the victim suffered two superficial wounds to her
abdomen, which he averred could have been caused by the bullet’s striking something
nearby as it traveled towards the victim, but were not gunshot wounds. He testified that
the healthcare workers who initially treated the victim may have confused the victim’s
abdominal wounds for additional gunshot wounds. Dr. Li testified that the victim’s cause
of death was a gunshot wound to the head and that her manner of death was homicide.
Steve Scott testified that he worked as a Special Agent for the TBI’s Crime
Laboratory from 1986 until his retirement in 2016. Special Agent Scott testified that in
September 2009, he examined evidence recovered from the victim’s home following her
murder. He recalled that he examined a Model 70 .300 Winchester Short Magnum bolt-
action rifle. After test-firing this firearm, Special Agent Scott concluded that it was
incapable of firing the bullet that killed the victim.
Special Agent Scott testified that he also examined the bullet fragments recovered
from the victim’s home. He noted that the fragments included a steel core, or “penetrating
rod,” which he described as one of the “most internal” parts of a bullet. He explained that
these parts of a bullet are typically encased in a thin sheet of lead and a copper or steel
jacket. During his examination, Special Agent Scott compared the fragments to an
ammunition sample of a 7.62x54R cartridge. Special Agent Scott removed the core from
the ammunition sample and concluded that the fragments were similar in shape and design
to a 7.62x54R bullet, although he noted that the fragments were slightly shorter than the
core taken from the ammunition sample. Special Agent Scott concluded that the
fragments’ class characteristics were consistent with ammunition fired by 7.62x54R
Russian caliber rifles, which included Russian Dragunov, Mosin-Nagant, and Izhmash
Dragunov Tiger model rifles. Special Agent Scott concluded that the bullet which struck
and killed the victim was fired from a 7.62x54R caliber rifle.
Dennis Judd3 testified that the Defendant was his father. Dennis recalled that he,
his wife, and their two children moved into the Defendant’s home in November 2012. He
also noted that he and the Defendant worked together as correctional officers at the Bledsoe
County Correctional Facility until Dennis was fired in 2014. Dennis stated he was unsure
why he was fired. Dennis testified that he and the Defendant returned home from work
together on the day he was fired. During their drive home, the Defendant and Dennis began
talking about “making mistakes,” and the Defendant informed Dennis that he had shot and
3
Because Dennis Judd shares the same surname as the Defendant, we will hereafter refer to him
by his first name for clarity. We intend no disrespect.
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killed the victim. Dennis believed that the Defendant was upset about his firing and feared
that the Defendant might “go after” his supervisor.
Dennis testified that he later told his friend, Jason Petrie, about the Defendant’s
confession. He also recalled that he gave a written statement to law enforcement following
the Defendant’s October 17, 2019 arrest. In this statement, Dennis indicated that the
Defendant informed him that he had driven up close to the victim’s house, walked up “by
the bushes,” and saw the victim sitting in a chair. The Defendant stated that he shot the
victim once through her window and then returned to his home. The Defendant also
showed Dennis the victim’s home. Dennis opined that he believed the Defendant was
“angry over the whole theft thing.”
On cross-examination, Dennis testified that he had briefly worked as a correctional
officer for the Coffee County Sheriff’s Office (CCSO). He also agreed that he worked at
Riverbend Maximum Security Prison following his termination from the Bledsoe County
Correctional Facility and that he was terminated from that position for bringing contraband
into the facility in September 2018. He stated that he was convicted of a Class C felony
for this offense and received a sentence of three years’ probation. Dennis testified that he
was on probation at the time of the Defendant’s arrest.
Dennis recalled that, on the evening of October 17, 2019, he took a shower and
heard a knock at his door. He stated that only he and one of his children were present in
the home at this time. Dennis answered the door and spoke with an investigator, whom he
recognized as a CCSO investigator but could not recall the name. The investigator
informed Dennis that “some individuals” wished to speak with him, and Dennis
accompanied the investigator to the CCSO. Dennis recalled meeting with several
investigators at the CCSO, including a TBI agent and Warren County Sheriff Jackie
Matheny, Jr.
Dennis testified that, during his October 17, 2019 interview, the investigating
officers told him that the Defendant had been arrested and that they wanted to discuss
allegations of the Defendant’s having killed someone. He recalled telling the investigating
officers that he got along with the Defendant and that the Defendant supervised Dennis’s
children daily. He agreed that he felt uncomfortable and emotional during the interview
and that he did not feel free to leave. He was unsure how long his interview lasted, but he
agreed that he signed a written statement at the end of the interview summarizing his
account of the Defendant’s confession.
Dennis testified that he received phone calls from the Defendant shortly after the
Defendant’s arrest. He recalled that he spoke with the Defendant frequently and that the
Defendant’s grandchildren missed him. Dennis also agreed that he wished the Defendant
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a happy Father’s Day in a Facebook post. In his post, Dennis wrote, “I wish I could just
send a text telling you that I wouldn’t be the father that I am today if it wasn’t for you and
maybe we will get to spend the next one with you.” Dennis testified that, although he did
not recall when he posted this Facebook post, he had not posted about his father recently.
Dennis recalled that he testified at the Defendant’s December 2, 2019 preliminary
hearing. He averred that, although he testified he did not believe the Defendant’s
confession was true during the Defendant’s preliminary hearing, he now believed the
Defendant’s confession was true.
Dennis further recalled that he gave a statement to the District Attorney General’s
Office on August 3, 2024. In this statement, Dennis described the Defendant as an abusive
father, noting that the Defendant was “tough” on him and punished him for bad grades. He
noted that the Defendant had told him he had disposed of the firearm he used to kill the
victim in the wooded area across the road from his Lawson Mill Road residence. He agreed
that he knew this information during his October 17, 2019 interview with law enforcement
and did not provide it during that interview.
WCSD Sheriff Jackie Matheny, Jr., testified that he had previously worked as an
investigator for the District Attorney General’s Office, where he was tasked with
investigating cold cases. Sheriff Matheny recalled that, during his tenure with the District
Attorney General’s Office, he investigated the victim’s murder. During his investigation,
Sheriff Matheny found a statement that Dennis had given to his friend, Mr. Petrie, about
the Defendant’s confession. Sheriff Matheny also reviewed the record of the October 6,
2008 juvenile delinquency proceeding involving Holden’s alleged theft of the Defendant’s
property. Sheriff Matheny also found a Facebook post which depicted Dennis in a “light-
colored room with blue curtains” and “what appeared to be the stocks of three long guns
hanging on a gun rack on the back wall.” He described these firearms as “military-style
rifle[s].” Sheriff Matheny subsequently reviewed the TBI report of the examination of the
evidence recovered from the victim’s home following her murder and researched Russian
caliber firearms. Sheriff Matheny averred that the firearms depicted in the Facebook post
appeared similar to Mosin-Nagant rifles.
Sheriff Matheny testified that he procured and executed a search warrant for the
Defendant’s home on October 17, 2019. He recalled that the Defendant was present at his
home when he executed the search warrant and disclosed that he owned “two or three”
Mosin-Nagant rifles. Sheriff Matheny stated that the investigating officers recovered six
Mosin-Nagant rifles, as well as a large amount of 7.62x54R ammunition. He also recalled
that the investigating officers recovered a Colt AR-15 rifle that had been modified to fire
automatically.
-8-
The State introduced several recordings of jail phone calls via Sheriff Matheny’s
testimony. In the first jail phone call, dated October 21, 2019, the Defendant spoke with
his daughter, Michelle,4 and Dennis. Michelle and the Defendant discussed Michelle’s
attempts to procure private legal counsel for the Defendant with the assistance of “Uncle
Andy.” Michelle also asked the Defendant where he kept his tax returns from 2009 so she
could determine where he was on the night of the victim’s murder. The Defendant
responded that he was unsure where he kept his tax returns, but that he was at home on the
night of the victim’s murder. He recalled that Lisa had been visiting a friend that evening.
Other than a brief visit from a friend’s wife who stopped by his home to ask if he knew
“what was going on,” he was home alone the entire evening.
In the second jail phone call, dated October 23, 2019, the Defendant spoke with
Dennis. The Defendant stated that law enforcement was “grasping at straws” in their
investigation and that he “should be able to get that homicide charge dismissed” once law
enforcement “checke[ed] the ballistics” on the firearms seized from his home. He
maintained that the firearms seized from his home would “come back clean.”
In the third jail phone call, dated November 7, 2019, the Defendant spoke with
Michelle and Lisa. The Defendant asked his daughters to ask the attorney with whom they
had been consulting to tell them “who the witness is” and to “let Uncle Andy know” what
the attorney stated. He averred that the witness’s identity would be “pretty comical” if it
was who he suspected; he further stated that the witness was not credible and that the
witness could not have witnessed anything tying the Defendant to the victim’s murder. He
opined that it would not matter whether ballistics testing was complete on the firearms
seized from his home by the time of his preliminary hearing because they were not “the
murder weapon.”
In the fourth jail phone call, dated November 11, 2019, the Defendant asked
Michelle to ask “that lawyer” to speak to him after he received discovery materials. The
Defendant also stated that law enforcement had “jumped the gun” in its investigation. In
the fifth jail phone call, dated February 13, 2020, the Defendant spoke with Dennis, who
was crying. The Defendant told Dennis to “cheer up” and that the case would “work itself
out.” The Defendant told Dennis that his statement did not mean anything. The Defendant
also encouraged Dennis not to perjure himself but reminded him to “cover [his] ass.”
Dennis stated that he was no longer speaking to Michelle, and the Defendant stated that
they should not discuss that on the phone.
4
The transcript and recordings of the Defendant’s jail phone calls refer to the Defendant’s
daughters, Michelle and Lisa, only by their first names. For consistency, we will hereafter refer to them by
their first names only. We intend no disrespect.
-9-
On cross-examination, Sheriff Matheny recalled that he spoke with the District
Attorney General after executing the search warrant at the Defendant’s home on October
17, 2019. Sheriff Matheny agreed that he was looking for a Mosin-Nagant rifle when he
executed the search warrant. He agreed that he had described Mosin-Nagant rifles as rare
during the Defendant’s December 2, 2019 preliminary hearing. He averred that he had
never known anyone who possessed a Mosin-Nagant rifle and had not seen one involved
in a crime until this case. He stated that the District Attorney General instructed him to
“charge [the Defendant] with the AR[-15]” after the execution of the search warrant.
Sheriff Matheny also recalled that he, Investigators James Sherrill and Stuart
Colwell, and TBI Special Agent Elizabeth Williams interviewed Dennis at the CCSO
following the Defendant’s arrest.5 Sheriff Matheny testified that Investigator Colwell
handled most of the questioning during the interview. Following the interview, Sheriff
Matheny again spoke with the District Attorney General, who instructed him to sign
warrants for the Defendant’s arrest for “criminal homicide.” He agreed that, prior to
Dennis’s interview, he would not have had sufficient evidence to charge the Defendant in
relation to the victim’s murder. On redirect examination, Sheriff Matheny agreed that
Dennis’s testimony was consistent with his statements during his October 17, 2019
interview. On recross-examination, he also agreed that Dennis’s August 3, 2024 statement
was more detailed than his October 17, 2019 interview.
Tennessee Highway Patrol Sergeant John McFarland testified that he was assigned
to the Critical Incident Response Team. Sergeant McFarland recalled that on October 29,
2019, Special Agent Williams contacted him to request that he visit the victim’s home.
There, Sergeant McFarland took photographs and created digital scans of the interior and
exterior of the victim’s home. He later compiled a report on the methodology he used to
create the digital scans. Sergeant McFarland’s photographs and digital scans were
introduced as exhibits.
Howard Ryan testified that he worked in crime scene recreation and operated
Highlands Forensic Investigation and Consulting. He recalled that Special Agent Williams
and Sheriff Matheny requested that he “take a look at” the victim’s case. Mr. Ryan
reviewed crime scene photographs, investigative reports, the victim’s autopsy report and
photographs, and Sergeant McFarland’s digital scans of the victim’s home. Mr. Ryan also
took aerial photographs of the victim’s home and measured the distance between the
damage in the wall behind the victim’s recliner and the window. Mr. Ryan thereafter
created a three-dimensional rendering of the victim’s home and modeled the trajectory the
5
The State played a recording of Dennis’s October 17, 2019 interview through Sheriff Matheny’s
testimony. It does not appear that this recording was made an exhibit to the trial, and it is not included in
the record on appeal.
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bullet would have taken after it was shot through the picture window. He concluded that
the bullet was fired from the front of the victim’s home through the picture window, struck
the victim as she sat in her recliner in the living room, and landed in a desk in the kitchen.
Mr. Ryan’s renderings and report were introduced as exhibits.
The State recalled Investigator Rowland as a witness. Through Investigator
Rowland’s testimony, the State introduced several photographs taken during the October
17, 2019 execution of the search warrant for the Defendant’s home. Investigator Rowland
testified that law enforcement seized six Mosin-Nagant rifles from the Defendant’s home,
as well as a Mauser 98 bolt-action rifle, which he described as ballistically similar to a
Mosin-Nagant rifle. He described Mosin-Nagant rifles as military rifles. Investigator
Rowland also testified that law enforcement seized an AR-15 platform rifle from the
Defendant’s home. He identified this firearm in photographs and noted that an extra pin
had been drilled into the firearm’s right side, almost directly above the trigger. He stated
that the firearm had been modified to allow it to fire automatically, and he described it as
a prohibited weapon. He also noted that law enforcement found a drill bit in the
Defendant’s home.
TBI Special Agent Denver Hall testified that he worked for the TBI’s Firearm and
Toolmark Identification Unit. Special Agent Hall testified that he examined the firearms
and ammunition seized from the Defendant’s home. In his amended report of his
conclusions, dated April 5, 2023, Special Agent Hall noted that, among other evidence, he
received and examined six Russian Mosin-Nagant rifles, one Hungarian Mosin-Nagant
rifle, one eight-millimeter Mauser caliber rifle, a Colt model 5.56 millimeter caliber AR-
15 firearm, and 365 7.62x54R ammunition cartridges.
Special Agent Hall testified that he test-fired the seized Mosin-Nagant rifles and
found them functional; however, he noted that their internal barrels were “very rusted.”
Special Agent Hall also test-fired twenty-four rounds of the 7.62x54R ammunition
recovered from the Defendant’s home. He opined that this ammunition was similar to the
bullet fragments recovered from the victim’s home; however, he noted that the condition
of the seized Mosin-Nagant rifles’ barrels prevented him from determining whether the
rifles recovered from the Defendant’s home had fired the bullet which struck the victim.
He also noted that Mosin-Nagant rifles used corrosive ammunition, which can damage the
firearm’s barrel when fired. He stated that the bullet fragments recovered from the victim’s
home were “in a very damaged condition” due to their corrosive nature by the time he
examined them.
Special Agent Hall described the seized Mosin-Nagant rifles as Russian Army rifles
“issued prior to World War I through World War II” throughout the former Soviet Bloc
countries. He averred that approximately thirty-seven million such firearms were
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manufactured before they were discontinued. Special Agent Hall estimated that he had
examined 10,000 firearms in relation to criminal cases and that this case was the first time
he had ever examined a Mosin-Nagant rifle.
Special Agent Hall testified that he examined the Colt model 5.56 millimeter AR-
15 rifle. He testified that this firearm had been modified by adding an “auto sear,” which
permitted the firearm to fire fully automatically. He opined that this modification permitted
the firearm to function as a machine gun. The State rested after this testimony.
The Defendant moved for judgment of acquittal, which the trial court denied. The
Defendant then recalled Sheriff Matheny as a witness. Sheriff Matheny testified that he
was present during Dennis’s August 3, 2024 interview. He testified that Dennis provided
new information to law enforcement in this interview; he specifically noted that the
Defendant told Dennis he had disposed of the firearm he used to kill the victim “down by
Lawson Mill Road in the wooded area.” Sheriff Matheny recalled that law enforcement
officers searched a pond across the road from the Defendant’s home and did not recover a
firearm.
Following a Momon colloquy, the Defendant elected not to testify and presented no
additional proof. The Defendant did not renew his motion for judgment of acquittal at the
close of proof.
Upon this evidence, the jury convicted the Defendant of second degree murder as a
lesser-included offense of first degree murder and of possession of a prohibited weapon as
charged. Following a sentencing hearing, the trial court imposed an effective sentence of
twenty-six years’ incarceration. The Defendant filed a timely, but unsuccessful, motion
for a new trial. This timely appeal followed.
II. ANALYSIS
On appeal, the Defendant challenges the sufficiency of the convicting evidence. He
also asserts that the trial court erred by overruling his objections to hearsay and to leading
questioning during Dennis’s testimony. The State responds that the evidence is sufficient
and that the trial court did not err by overruling the Defendant’s evidentiary objections.
We will address these issues in turn.
A. SUFFICIENCY
Firstly, the Defendant argues that the trial court erred by denying his motion for
judgment of acquittal, by approving the jury’s verdict as the thirteenth juror, and by
denying his motion for a new trial because the evidence is insufficient to sustain his
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convictions. Regarding his conviction of second degree murder, the Defendant contends
that the ballistics evidence from the firearms seized from his home was inconclusive and
did not directly match the bullet fragments recovered from the victim’s home. He notes
that the State’s theory of the case hinged on its contention that the victim could have only
been shot with a “particular kind” of firearm; the Defendant concedes he owned such a
firearm, but he posits that it is “unknown how many people in the area” also owned such
firearms. The Defendant further asserts that Ms. Yates and Dennis were not credible
witnesses because their previous statements differed from their trial testimonies.
Regarding his conviction of possession of a prohibited weapon, the Defendant
contends that the State relied upon “biased witnesses interested in an outcome in favor of
the State.” The Defendant further asserts that both of his convictions were against the
weight of the evidence because the State relied upon testimony from “witnesses aligned
with law enforcement and prosecution.” The State responds that the evidence adduced at
trial is sufficient to sustain the Defendant’s convictions. We agree with the State.
Tennessee Rule of Criminal Procedure 29 provides that, either upon a defendant’s
motion for judgment of acquittal or the trial court’s own initiative, the trial court “shall
order the entry of judgment of acquittal of one or more offenses charged in the indictment,
presentment, or information after the evidence on either side is closed if the evidence is
insufficient to sustain a conviction of such offense or offenses.” Tenn. R. Crim. P. 29(b).
If a defendant elects to present additional proof following the denial of a motion for
judgment of acquittal at the conclusion of the State’s case-in-chief, then the defendant must
renew his or her motion for judgment of acquittal at the close of trial proof; otherwise, the
defendant waives “any claim of error for failure to grant the motion for judgment of
acquittal at the conclusion of the proof offered by the State.” State v. Collier, 411 S.W.3d
886, 893 (Tenn. 2013), abrogated on other grounds by State v. Thomas, 687 S.W.3d 223,
242 (Tenn. 2024). A motion for judgment of acquittal, whether raised at the conclusion of
the State’s case-in-chief or the close of trial proof, presents a question of law and requires
the trial court to consider the State’s evidence in the light most favorable to the State; that
is, if, after allowing all reasonable inferences in the State’s favor there persists “any dispute
as to any material determinative evidence, or any doubt as to the conclusion to be drawn
from the evidence,” the trial court must deny the motion for judgment of acquittal. State
v. Hall, 656 S.W.2d 60, 61 (Tenn. Crim. App. 1983). Thus, the standard by which a trial
court evaluates a defendant’s motion for judgment of acquittal mirrors our standard of
review for a challenge to the sufficiency of the convicting evidence. State v. Little, 402
S.W.3d 202, 211 (Tenn. 2013). When a defendant challenges a trial court’s denial of his
or her motion for judgment of acquittal on appeal, we similarly apply the same standard of
review as a challenge to the sufficiency of the convicting evidence. State v. Adams, 916
S.W.2d 471, 473 (Tenn. Crim. App. 1995).
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Tennessee Rule of Criminal Procedure 33 similarly provides that, either upon a
defendant’s motion for a new trial or the trial court’s own initiative, the trial court “may
grant a new trial as required by law.” Tenn. R. Crim. P. 33(a). A defendant’s motion for
a new trial must be made in writing “within thirty days of the date the order of sentence is
entered” to preserve issues for appellate review. Id. at 33(b). A timely filed motion for a
new trial serves the dual purposes of providing the trial court an opportunity “to avoid or
rectify an error before a judgment becomes final,” State v. Minor, 546 S.W.3d 59, 65
(Tenn. 2018), and to preserve issues for further review by an appellate court, see Tenn. R.
App. P. 3(e) (“[N]o issue presented for review shall be predicated upon error in the
admission or exclusion of evidence . . . or other ground upon which a new trial is sought,
unless the same was specifically stated in a motion for a new trial; otherwise such issues
will be treated as waived.”). “The trial court may grant a new trial following a verdict of
guilty if it disagrees with the jury about the weight of the evidence.” Id. at 33(d). As the
“thirteenth juror” in a criminal p