A Gibson County judge on Friday denied a petition for post-conviction relief filed by Bobby Marable II, keeping intact the 30-year sentence he received for kidnapping and assaulting a woman in Milan a decade ago. Circuit Court Judge Clayburn Peeples ruled that Marable failed to prove his trial attorney provided ineffective assistance, rejecting the central claim in his petition.
The ruling was announced by the Office of the District Attorney General, 28th Judicial District in a Friday statement, which said the denial helps ensure Marable serves his full sentence. District Attorney General Frederick H. Agee described Marable as a dangerous registered sex offender and said the ruling protects the victim and the community from his violent acts, according to the same statement.
Marable's petition alleged both that his trial attorney failed to provide effective assistance of counsel and that trial errors denied him a fair trial. Under Tennessee post-conviction procedure, the circuit court heard live testimony from both Marable and his trial counsel about strategy and decisions made during the case, a process outlined by N. Cate Law. After reviewing that testimony along with the trial record and the appellate decision affirming his convictions, the court found Marable failed to establish that any material errors affected the outcome of his trial, and further found that his trial attorney had provided effective legal assistance.
What Happened in Milan and Humboldt
The case dates to May 10, 2016, when Marable took the victim, his dating partner, from her home in Milan, according to appellate court records reviewed by Justia Law. He drove her to his residence in Humboldt, where he strangled her until she passed out and prevented her from leaving for hours. She eventually escaped to a neighbor's residence, and that neighbor drove her back to Milan.
A jury convicted Marable of aggravated kidnapping and aggravated assault on November 23, 2021. An appellate decision affirmed his Class B felony aggravated kidnapping conviction in 2024, while remanding his Class C felony aggravated assault conviction so the trial court could correct his sentencing range, per the same appellate record. That correction adjusted him from a Range III persistent offender to a Range II multiple offender carrying a 10-year term, but left his overall 30-year effective sentence and the underlying convictions intact.
Steep Legal Bar for Post-Conviction Claims
Tennessee law places a high burden on petitioners like Marable. Under Tennessee Code Annotated § 40-30-110(f), anyone seeking post-conviction relief on ineffective-assistance grounds must prove their factual allegations by clear and convincing evidence — meaning evidence that leaves no serious or substantial doubt, according to the Tennessee Bar Association. That standard is distinct from a direct appeal, since post-conviction relief functions as a collateral constitutional challenge rather than a review of trial errors alone.
Agee noted that a criminal conviction can be followed by appeals and post-conviction proceedings for years or decades, a reality reflected in Marable's own case, which has wound through direct appeal and post-conviction review since his 2021 trial. Prosecutors have said Marable's sentence requires 20 of his 30 years to be served at 100%.
Judge Peeples issued the denial after the evidentiary hearing concluded. With his ruling, the trial-level post-conviction proceeding has concluded.
A Recurring Courtroom in West Tennessee
Agee's office prosecuted a Gibson County double homicide case before Judge Peeples, including the trial that Hoodline covered in a September 2025 conviction. Marable also appears in a separate legal matter referenced by the article.
For now, the denial means Marable's 30-year sentence stands as originally structured following the 2024 appellate correction. Agee's statement framed the outcome plainly: the ruling keeps Marable in prison.
