Court of Appeals hears sufficiency challenge in Rex Martin kidnapping and firearm convictions

A Tennessee Court of Appeals panel heard argument in State of Tennessee v. Rex Martin on the May docket, with the appellant's lawyer arguing the evidence was legally insufficient to support convictions for aggravated kidnapping and for possession of a firearm with intent to go armed during the commission of a dangerous felony.

Pat McNally, counsel for appellant Rex Martin, told the panel he would not reweigh the jury's credibility findings but argued legal error remained: "I'm going to try to show to the court that there are significant legal issues here in taking the state's evidence and as to why Mr. Martin should not be convicted of aggravated kidnapping and ... possession of a firearm with the intent to go armed," McNally said.

McNally told the judges the critical issue is timing: whether the kidnapping began while an assault was occurring upstairs in the home's office (making confinement incidental to assault under State v. White) or whether a separate period of confinement began later when the couple descended stairs and the defendant allegedly forced…