is inherently prejudicial or results in per se ineffectiveness. In Magill, the defendant was arrested and confessed to murder. The defendant entered a plea of not guilty to the charges of armed robbery, involuntary sexual battery, and first degree murder. At trial, the defendant took the stand and again confessed to killing the victim. On cross-examination the defendant admitted that the crime was committed with aforethought. Consequently, the jury found the defendant guilty of premeditated murder. The jury also sentenced the defendant to death. The defendant's attorney in Magill decided on the first day of trial to act as lead counsel although he and had not prepared himself adequately. The record in Magill clearly established that counsel admitted the defendant's guilt with respect to killing the victim; however,defense could not be supported and the petitioner's confession was not suppressed, the petitioner entered a plea of guilty and the jury determined his sentence. In Elledge the petitioner contended that with respect to the sentencing phase counsel made no effort to locate an expert psychiatric witness or to put on background character testimony from family members in mitigation. Defense counsel in Elledge believed the petitioner was "crazy" and discovered that the petitioner was taking medication for psychiatric and physiological disorders. However, defense counsel proffered only the petitioner's testimony during the sentencing phase. The Eleventh Circuit agreed with the district court's conclusion that counsel's failure to at least question the petitioner's relatives and to seek an expert witness was outside the range of competent assistance. "[C]ounsel's total failure