Assigned on Briefs January 6, 2015
Appeal from the Circuit Court for Marshall County No. 2014-CR-3 Forest A. Durard, Jr., Judge
James R. Frazier, Leoma, Tennessee, for the Defendant-Appellant, Marcus Traveno Cox, Jr.
Robert E. Cooper, Jr., Attorney General and Reporter; Meredith DeVault, Senior Counsel; Robert Carter, District Attorney General; and Weakley Bernard, Assistant District Attorney General, for the Appellee, State of Tennessee.
Camille R. McMullen, J., delivered the opinion of the court, in which Alan E. Glenn and Roger A. Page, JJ., joined.
CAMILLE R. MCMULLEN, JUDGE
Plea Submission Hearing.
At the April 23, 2014 plea submission hearing, the State summarized the facts supporting Cox's guilty plea to solicitation of aggravated perjury:
. . . [B]ack in January of this year, . . . specifically the 9th and 10th, [Cox] was set to go to trial on various charges. . . . [T]hey were drug charges and weapons charges.
[Cox] was represented by Mr. James Tucker.
Mr. Tucker did as any defense attorney . . . would do[.] [He] obtained a list of the potential jurors that would be in the pool of jurors that would be present for that day obviously in preparation of the trial. He provided that to [Cox] as you would expect him to do.
[Cox] looked over that list and saw some individuals on there he recognized; specifically a Collette Childress. He initially contacted Ms. Childress via Facebook. . . . [T]hat was on January 4th and said to her his trail -- that he put his trail, t-r-a-i-1, meant trial is January 9 and 10. ["]Please don't say you know me. I seen you on the jury list today and you was one of them.["]
He went on to say that he felt like the State didn't have any evidence. ["]In fact they might just dismiss the case but if they don't, act like you don't know me at all. I will hopefully get you on my jury trial.["]
Ms. Childress then contacted a member of the Marshall County Sheriff's Department who had her come in to provide the information she had. That led to members of the sheriff's department having Ms. Childress engage in a recorded telephone call with [Cox] about the subject of her being in the jury pool and [Cox] having an upcoming trial.
[Cox] says on the recording, ["][Y]ou know, you don't know me, you don't know me.["] Ms. Childress asked if she would get in trouble and [Cox]'s response was[, ] ["][H]ell no.["] He just ...