STATE OF TENNESSEE v. MARTY ALLISON HOBDY, JR. - Articles

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Posted by: Azya Thornton on Feb 20, 2026

Court: TN Court of Criminal Appeals

Attorneys 1: Clare A. Zanger, White House, Tennessee, for the appellant, Marty Allison Hobdy, Jr.

Attorneys 2: Jonathan Skrmetti, Attorney General and Reporter; Ronald L. Coleman, Senior Assistant Attorney General; Thomas B. Dean, District Attorney General; and David G. Vorhaus, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge(s): GREENHOLTZ

The Defendant, Marty Allison Hobdy, Jr., was convicted of aggravated assault and placed on probation for seven years. While on probation, he was charged with a second assault but was acquitted by a jury. After the acquittal, the State sought to revoke the Defendant’s suspended sentence based on the same alleged conduct. At the revocation hearing, the State presented no proof and instead urged the trial court to rely on its memory of testimony and credibility assessments from the prior trial. The trial court revoked the Defendant’s probation on that basis. On appeal, the Defendant contends, among other things, that the State’s procedure caused the trial court to cease functioning as a neutral and detached decisionmaker. Upon our review, we agree with the Defendant. Accordingly, we respectfully reverse and vacate the order revoking the Defendant’s suspended sentence and remand the case for a new hearing.

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