Hayes v. Lockhart

How later courts describe this case

• finding it a “reasonable trial tactic” for counsel not to present mitigation evidence after thoroughly investigating the possible evidence and considering defendant’s wishes not to have family members called as witnesses
• acknowledging a rule of per se inadmissibility, but allowing the admission of hypnotically refreshed testimony in a case where the police had no suspects at the time of the hypnosis and were unaware of the defendant’s involvement
• held that counsel’s strategic decision not to introduce psychological evidence about defendant because the risk of probable harm exceeded the possible benefit was reasonable