Under Schriro v. Landrigan, does a capital defendant forfeit his right to allege trial counsel's ineffectiveness for failing to adequately investigate and prepare for sentencing by purportedly instructing counsel not to present mitigation evidence

QUESTIONS PRESENTED CAPITAL CASE Under Schriro v. Landrigan, 550 U.S. 465 (2007), does a capital defendant necessarily forfeit his right to allege trial counsel’s ineffectiveness for failing to adequately investigate and prepare for sentencing by purportedly instructing counsel not to present mitigation evidence, as the Fifth and Sixth Circuits have held and as applied below, or does Landrigan allow a capital defendant to pursue that claim when the instruction is limited or it is not knowing and informed, as the Third, Ninth, Tenth, and Eleventh Circuits have held? Was trial counsel deficient for failing to adequately investigate and prepare for sentencing and was Mr. Balentine prejudiced by counsel’s failure to investigate and present readily available mitigation evidence of his mental health impairments, brain damage, and childhood sexual abuse? i STATEMENT OF