Hodges alleged that his trial counsel were ineffective for failing to conduct an adequate mitigation investigation to discover the aspects of his character and history and life circumstances that could be presented to the jury. See § 13A-5-52, Ala. Code 1975. He alleged that, if counsel had conducted the necessary investigation and presented the resulting mitigation evidence at the penalty phase, more than eight jurors might have been persuaded to vote for a sentence of life imprisonment without parole.

The only nonstatutory mitigating evidence presented to the jury during the penalty phase was the adoption of the character evidence presented during the guilt phase -- that Harris attended church, that she worked hard, and that she had a reputation for good character among those who knew her. See § 13A-5-52, Ala. Code 1975. The only mitigating evidence presented to the trial judge during the penalty phase was the testimony and presentence report of Probation Officer Edward G. Fawbush, who recommended Harris be sentenced to life imprisonment without parole.