1. Whether the decision to forego a closing argument in the penalty phase of a capital murder trial is a tactical decision for trial counsel to make or a fundamental trial right that a defendant controls.

2. Whether trial counsel's decision to follow a mentally competent defendant's directive to waive closing argument in the penalty phase of a capital trial forecloses a reviewing court from finding deficient performance under Strickland v. Washington, 466 U.S. 668 (1984).

3. Whether the Court of Appeals erred in finding that petitioner could not establish prejudice to overcome the procedural bar to his Strickland claim, without affording him an evidentiary hearing, by conflating the Martinez prejudice standard with the Strickland performance test.

Whether the decision to forego a closing argument in the penalty phase of a capital murder trial is a tactical decision for trial counsel to make or a fundamental trial right that a defendant controls