Tiffany Ann Cole, Appellant v. State of Florida, Appellee

Summary

The court affirmed the denial of Cole's guilt-phase postconviction claims, holding that counsel was not ineffective for failing to challenge the search warrant, arrest, or resulting statements and reasonably chose not to pursue a duress defense. It vacated Cole's death sentences and remanded for a new penalty phase because the jury's nonunanimous death recommendations could not establish harmlessness under the constitutionally required capital-sentencing procedures. Justice Pariente concurred in the result and emphasized the mitigation evidence and the inability to determine what the dissenting jurors found; Justice Canady, joined by Justice Polston, would have affirmed all relief denial, and Justice Lawson specially concurred by reference to another opinion.