Kristina Cole v. State of Tennessee, W2020-01607-CCA-R3-PC

Background

Kristina Cole was indicted for two counts each of conspiracy and possession with intent to sell/deliver ≥300 grams of methamphetamine in a drug-free zone after a FedEx package from California was delivered to her home and found to contain methamphetamine (441.17 g).
Police executed a controlled delivery and searched Cole’s residence; officers recovered multiple cell phones, a laptop with package-tracking history, photographs linking Cole to an incarcerated co-defendant (Jason White), and various text messages referencing money transfers and the package.
At trial Cole was convicted on all counts; sentences merged resulting in an effective term of 13.5 years with 100% service eligibility; convictions affirmed on direct appeal.
Cole filed a timely post-conviction petition alleging ineffective assistance of counsel for (a) failing to file/sufficiently litigate pretrial suppression and Bruton motions, (b) failing to object to certain evidence (hearsay, search-history screenshots, text messages), and (c) failing to object to prosecutorial comments that allegedly infringed her Fifth Amendment rights.
At the post-conviction hearing trial counsel testified she made conscious strategic choices (e.g., admitting voluminous texts, allowing co-defendant’s statement at Cole’s insistence, relying on jury instructions instead of objecting to closing) and declined to file certain motions for tactical reasons.
The Court of Criminal Appeals reversed the post-conviction court’s denial and remanded because the post-conviction order lacked the required detailed findings of fact and conclusions of law on the contested ineffective-assistance claims and credibility determinations.

Issues

Issue	Cole's Argument	State's Argument	Held
Whether trial counsel was ineffective for failing to file/sustain suppression motions (search warrant, phone/texts) and a Bruton motion	Counsel failed to challenge the search, the admissibility of phone/text evidence, and a co-defendant’s statement	Counsel’s decisions were strategic and reasonable given Petitioner’s admissions and insistence; evidence made suppression unlikely	Court did not decide merits — reversed and remanded because post-conviction court failed to make necessary factual findings to resolve this claim
Whether trial counsel was ineffective for failing to object to admission of certain evidence (hearsay about package, screenshots of search history, text messages)	Counsel should have objected to inadmissible hearsay and certain electronic evidence	Counsel reasonably admitted texts and screenshots as part of a strategy given admissions and inability to exclude them	Court remanded for factual findings; merits unresolved due to inadequate post-conviction findings
Whether counsel was ineffective for not objecting to prosecutor’s closing argument remarks implicating Cole’s silence/Fifth Amendment	Failure to object allowed prosecutorial comments to improperly comment on Cole’s silence	Counsel relied on jury instructions and did not view remarks as sufficiently egregious to warrant an objection	Court remanded because post-conviction court did not make findings on credibility and deficiency; merits left for further proceedings
Whether the post-conviction court complied with statutory duty to make detailed findings of fact and conclusions of law	Cole argued the court’s written order lacked required findings and credibility rulings, frustrating appellate review	State relied on post-conviction court’s ultimate conclusion that counsel was not deficient	Held: Reversed and remanded — the post-conviction court’s order failed to set out required detailed findings and credibility determinations; appellate review impeded

Key Cases Cited

Bruton v. United States, 391 U.S. 123 (1968) (limits admission of a co-defendant’s confession implicating a defendant in joint trials)
Brown v. State, 445 S.W.2d 669 (Tenn. Crim. App. 1969) (trial judge must make clear, detailed findings of fact to permit appellate review)