Whether trial counsel provides constitutionally ineffective assistance of counsel at the sentencing phase of a capital trial by presenting evidence that concedes future dangerousness

Petitioner was sentenced to death after his own counsel presented expert testimony that petitioner’s genetic makeup made it more likely that he would commit future violent offenses . That evidence was in itself sufficient to establish future dangerousness — one of two necessary conditions in Texas for imposing a death sentence —and thus effectively conceded the issue, while conferr ing no countervailing strategic advantages . Nonetheless, in petitioner’s federal habeas proceeding, the district court denied relief , and the Fifth Circuit denied petitioner a certificate of appealability. 28 U.S.C. 2253. The question presented is : Whether trial counsel provides constitutionally ineffective assistance of counsel at the sentencing phase of a capital trial by presenting evidence that concedes future dangerousness .