Shaun Rondale Cross v. State of Tennessee, M2016-01578-CCA-R3-PC

Shaun Rondale Cross pled guilty on October 2, 2014 to possession with intent to sell ≥26 grams of cocaine and received 25 years as a Range III persistent offender.
Cross filed a pro se post-conviction petition claiming one trial attorney “terrorized” him by saying he would face an “all-white jury” that would “hang” him if he went to trial, rendering his plea involuntary.
Original and successor counsel testified they discussed possible jury demographics and that supplemental discovery (jail phone-call recordings containing incriminating admissions) led Cross to reopen plea negotiations and accept the 25-year deal.
Successor counsel negotiated the plea reduction from a 30-year/60% offer to 25 years/45% and reviewed the plea with Cross; Cross told the trial court he was satisfied with counsel and not threatened.
The post-conviction court credited counsel’s testimony over Cross’s, found the alleged threats were not made, and concluded Cross pled guilty because of the incriminating recordings, not coercion.

Issue	Cross's Argument	State's Argument	Held
Whether counsel’s alleged statements about an “all-white jury” and a threat to “hang” Cross rendered his guilty plea involuntary and constituted ineffective assistance	Original counsel’s statement terrorized Cross and caused an involuntary plea	Cross failed to prove the allegation by clear and convincing evidence; counsel credibly denied making such statements; plea was prompted by incriminating recordings	Post-conviction court’s denial affirmed: no credible proof counsel made threats and plea was voluntary due to discovery recordings

Dellinger v. State, 279 S.W.3d 282 (Tenn. 2009) (post-conviction burden and standards)
Fields v. State, 40 S.W.3d 450 (Tenn. 2001) (appellate review deference to trial court factual findings)
Strickland v. Washington, 466 U.S. 668 (1984) (two-prong test for ineffective assistance of counsel)
Lockhart v. Fretwell, 506 U.S. 364 (1993) (prejudice inquiry under Strickland)
Hill v. Lockhart, 474 U.S. 52 (1985) (prejudice standard in guilty-plea context)
Goad v. State, 938 S.W.2d 363 (Tenn. 1996) (failure to prove either Strickland prong is sufficient to deny relief)
State v. Melson, 772 S.W.2d 417 (Tenn. 1989) (application of Strickland under Tennessee Constitution)
Walton v. State, 966 S.W.2d 54 (Tenn. Crim. App. 1997) (guilty-plea voluntariness and counsel effectiveness)
Cuyler v. Sullivan, 446 U.S. 335 (1980) (right to effective assistance of counsel)