____ We, the Jury, in the case of William Wilton Morrisette, III v. Commonwealth, having found the defendant guilty of capital murder, and having found after consideration of his history and background that there is a probability that he would commit criminal acts of violence that would constitute a continuing serious threat to society,
and
having unanimously found that his conduct in committing the offense is outrageously or wantonly vile, horrible or inhuman in that it involved torture; depravity of mind; or aggravated battery to the victim beyond the minimum necessary to accomplish the act of murder and having considered the evidence in mitigation of the offense, unanimously fix his punishment at death.
____________________
FOREPERSON
OR
____ We, the Jury, in the case of William Wilton Morrisette, III v. Commonwealth, *559having found the defendant guilty of capital murder and having unanimously found after consideration of his history and background that there is a probability that he would commit criminal acts of violence that would constitute a continuing serious threat to society, and having considered the evidence in mitigation of the offense, unanimously fix his punishment at death.
____________________
FOREPERSON
OR
____ We, the Jury, in the case of William Wilton Morrisette, III v. Commonwealth, having unanimously found that his conduct in committing the offense is outrageously or wantonly vile, horrible or inhuman in that it involved torture; depravity of mind; or aggravated battery to the victim beyond the minimum necessary to accomplish the act of murder and having considered the evidence in mitigation of the offense, unanimously fix his punishment at death.
____________________
FOREPERSON
OR
____ We, the Jury, in the case of William Wilton Morrisette, III v. Commonwealth, having found the defendant guilty of capital murder and having considered all of the evidence in aggravation and mitigation of such offense, fix his punishment at imprisonment for life.
____________________
FOREPERSON
OR
____ We, the Jury, in the case of William Wilton Morrisette, III v. Commonwealth, having found the defendant guilty of capital murder and having considered all of the evidence in aggravation and mitigation of such offense, fix his punishment at imprisonment for life and a fine of $____ (fine must not be more than $100,000.00).
____________________
FOREPERSON
Morrisette contends that the verdict form was defective in two respects. Relying on this Court's decision in Atkins v. Commonwealth, 257 Va. 160, 510 S.E.2d 445 (1999), Morrisette first contends that the verdict form did not comport with the trial court's jury instructions because it failed to include an option requiring the jury to fix his sentence at life imprisonment if it found that the Commonwealth had proven neither aggravating factor beyond a reasonable doubt. Second, Morrisette argues that, based on this Court's decision in Powell v. Commonwealth, 261 Va. 512, 552 S.E.2d 344 (2001), the verdict form failed to give the jury the option of imposing a life sentence even if the jury found that the Commonwealth had proven one or both aggravating factors beyond a reasonable doubt.
Morrisette's first argument is without merit. As the Warden asserts, our decision in Lenz resolves Morrisette's contention that, based on the Atkins decision, the verdict form was defective because it failed to include an option requiring the jury to impose a life sentence if the Commonwealth proved neither aggravating factor beyond a reasonable doubt. In Lenz, we stated that, if the trial court in Atkins had used the statutory verdict form, see Code § 19.2-264.4(D)(2), the "missing sentencing option would have been submitted to the jury." 267 Va. at 324, 593 S.E.2d at 295. As in Lenz, the verdict form given to the jury in Morrisette's sentencing proceeding included the language set out in Code § 19.2-264.4(D)(2), which is the sentencing option that was missing in Atkins. Atkins, 257 Va. at 179, 510 S.E.2d at 457. Thus, the verdict form in this case did not fail to include the option requiring the imposition of a life sentence with or without a fine if the Commonwealth proved neither aggravating factor beyond a reasonable doubt.
As to Morrisette's second argument, the Warden asserts that the verdict form used in Morrisette's sentencing proceeding is the one mandated by the provisions of Code § 19.2-264.4(D), that it is an accurate and *560complete statement of the law, and that trial counsel thus could not have been ineffective for failing to object to its use during the sentencing phase of Morrisette's trial. Continuing, the Warden contends that this Court did not invalidate the statutory verdict form in Powell; that this Court, before Powell, as well as the Supreme Court of the United States, has upheld the use of the statutory verdict form and the parallel jury instructions; and that the General Assembly, in post-Powell legislation, has rejected any changes in the statutory verdict form suggested by our decision in Powell.
The defendant in Powell argued that, during the penalty phase, the trial court erred in giving the jury verdict forms that did not "expressly state [ ] the jury's option of imposing a life sentence or a life sentence and a fine where the jury found one or both of the aggravating factors to be present."5 261 Va. at 542, 552 S.E.2d at 361. In response, the Commonwealth asserted that the verdict forms comported with the provisions of Code § 19.2-264.4(D) and that, based on our decision in Roach, the trial court did not err by refusing to substitute an alternative form for the statutory form. Powell, 261 Va. at 542-43, 552 S.E.2d at 362.
Disagreeing with the Commonwealth, we framed the issue as whether the jury [was] likely to be confused where it [was] instructed that it may impose a sentence other than death if it [found] one or both of the aggravating factors have been proven beyond a reasonable doubt, but receive[d] verdict forms that [did] not expressly state that the jury [was] allowed to fix a sentence of life imprisonment even though one or both aggravating factors [were] present.
Id. at 545, 552 S.E.2d at 363. We concluded that a defendant is entitled to a verdict form "that accurately and expressly correspond[s] to the trial court's sentencing instruction" and that in the penalty phase of a capital murder trial, the trial court must give the jury a verdict form that expressly includes the option for imposing a life sentence or a life sentence and a fine of not more than $100,000 when the jury finds that the Commonwealth has proven one or both aggravating factors beyond a reasonable doubt. Id.
Nevertheless, the Warden contends that the holding in Powell was dictum and contrary to our prior decisions in Mueller v. Commonwealth, 244 Va. 386, 422 S.E.2d 380 (1992), and Roach. The defendants in both of those cases challenged the verdict form *561used in the respective penalty phase proceedings of their capital murder trials. We found no error in both instances.
Specifically, the defendant in Mueller claimed that the verdict form "did not properly inform [the jury] of the sentencing options" and "influenced the jury to impose the death sentence rather than life imprisonment." 244 Va. at 412, 422 S.E.2d at 396. On brief, the defendant argued that "[i]t would be ludicrous to say that we instructed the jury that it could find aggravating factors and still give a life sentence when the form the jury fills out does not make it appear that this option exists."
The verdict form used in Mueller's sentencing proceeding gave the jury four sentencing options: (1) a sentence of death based on a finding of both aggravating factors; (2) a sentence of death based on a finding of future dangerousness; (3) a sentence of death based on a finding of vileness; and (4) a life sentence based on all of the evidence in aggravation and mitigation of the offense. Id. In addition to the verdict form, the trial court instructed the jury that it could not impose the death penalty unless the Commonwealth proved beyond a reasonable doubt at least one of the aggravating factors and that, even if the Commonwealth did so, the jury was still free to fix the defendant's sentence at life imprisonment. Id. at 412, 422 S.E.2d at 396-97. We concluded the verdict form, in conjunction with the jury instructions, "fully apprised the jury of its sentencing options," did not favor any particular option, and was complete. Id. at 413, 422 S.E.2d at 396-97. While we did not specifically address the provisions of Code § 19.2-264.4(D), the verdict form used in Mueller followed the statutory form in effect at that time.6
Similarly, in Roach, the defendant argued on brief that the statutory verdict form that the trial court gave the jury was "constitutionally defective" because "the jury never actually received a verdict form option to sentence Roach to life in prison if, despite proof of future dangerousness after weighing this mitigation evidence, fairness and mercy *562justified this result."7 Roach further asserted that the trial court erred by refusing to give the jury his proposed verdict form that included the specific option allowing the jury to impose a life sentence even if it found that the Commonwealth had proven "future dangerousness" beyond a reasonable doubt. We rejected Roach's arguments. Based on our decisions in Stockton v. Commonwealth, 241 Va. 192, 215, 402 S.E.2d 196, 209 (1991), and LeVasseur v. Commonwealth, 225 Va. 564, 594-95, 304 S.E.2d 644, 661 (1983), we concluded that we had already decided the issue presented.8 Roach, 251 Va. at 336, 468 S.E.2d at 105. We further held that the trial court did not err by refusing "to substitute Roach's proposed verdict form for the statutory sentencing verdict form."9 Id.
While the verdict forms used in Powell, Mueller, and Roach followed the statutory form set out in Code § 19.2-264.4(D), the challenges to the verdict forms in Mueller and Roach did not include an express argument premised on the notion that the sentencing options set forth in a verdict form must explicitly correspond to the trial court's sentencing instructions. That rationale, which we utilized in Atkins and Powell, "flows from the principle that `it is materially vital to the defendant in a criminal case that the jury have a proper verdict form.'" Powell, 261 Va. at 545, 552 S.E.2d at 363 (quoting Atkins, 257 Va. at 178, 510 S.E.2d at 456). Thus, we were addressing a new issue in Powell, 261 Va. at 542, 552 S.E.2d at 361. We take this opportunity to reaffirm our holding in Powell and, to the extent, if any, that our holdings in Mueller and Roach are inconsistent with Powell, we overrule those decisions.
Turning to the merits of Morrisette's claim, we find that the verdict form used in Morrisette's sentencing proceeding omitted the same sentencing option as the verdict form at issue in Powell. Both failed to include express language telling the jury that it may impose a life sentence with or without a fine even if it concluded that the Commonwealth had proven either or both aggravating factors beyond a reasonable doubt. That conclusion, however, does not end our inquiry.
Because Morrisette is claiming counsel was ineffective for failing to object to the use of the defective verdict form, we must determine whether counsel's failure was unreasonable *563and, if so, whether counsel's error undermines the Court's confidence in the outcome of the proceeding. As to the "performance" prong of the Strickland test, we hold that the representation provided to Morrisette by his trial counsel "fell below an objective standard of reasonableness." Strickland, 466 U.S. at 688, 104 S.Ct. 2052. This Court issued its decision in Powell approximately two months before the commencement of Morrisette's trial. We succinctly stated our holding in Powell: "in a capital murder ... trial, the trial court must give the jury verdict forms providing expressly for the imposition of a sentence of imprisonment for life and a fine of not more than $100,000 when the jury finds that one or both of the aggravating factors have been proven beyond a reasonable doubt." 261 Va. at 545, 552 S.E.2d at 363. In light of that holding, any reasonably competent attorney would have known that it was imperative that he or she object to a verdict form that did not expressly include that sentencing option. See Green, 264 Va. at 609, 571 S.E.2d at 138 (reasonably competent attorney would have objected to a jury instruction that was clearly erroneous and violated the procedural safeguard requiring the prosecution to prove every element of the charged offense beyond a reasonable doubt).
We also find that trial counsel's deficient performance prejudiced Morrisette's defense.10 In both Atkins and Powell, we recognized that a jury is likely to be confused when there is a conflict between the sentencing instructions and the verdict form. The conflict in this case existed because the jury was instructed that it could sentence Morrisette to life imprisonment with or without a fine even if it found that the Commonwealth had proven one or both aggravating factors beyond a reasonable doubt. However, the verdict form did not contain a separate paragraph expressly stating that sentencing option.
Thus, we conclude that "there is a reasonable probability that, but for counsel's ... error [in failing to object to the incomplete verdict form], the result of the proceeding would have been different," i.e., the jury would not have imposed the death penalty.11 Strickland, 466 U.S. at 694, 104 S.Ct. 2052. The implicit jury confusion caused by the conflict between the instructions and the verdict form was "sufficient to undermine confidence in the outcome." Id.
For these reasons, a limited grant of the writ of habeas corpus shall issue to remand the matter to the Circuit Court for the City of Hampton for a new sentencing hearing.12
Justice KINSER, with whom Justice LEMONS and Justice AGEE join, concurring in part and dissenting in part.
I respectfully disagree with the majority's decision to issue a limited grant of the writ of habeas corpus to remand the matter to the circuit court for a new sentencing hearing. In my view, the petitioner, William Wilton Morrisette, III, has not satisfied the "prejudice"
*564prong of the two-part test enunciated in Strickland v. Washington, 466 U.S. 668, 687, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984). In other words, Morrisette has not shown that his trial counsel's alleged error in failing to object to the verdict form at issue was "so serious as to deprive [him] of a fair trial." Id.
In deciding a claim of ineffective assistance of counsel, it is often easier to dispose of the claim by proceeding directly to the question whether the petitioner suffered any prejudice as a result of counsel's alleged deficiencies. Id. at 697, 104 S.Ct. 2052. If a petitioner makes "an insufficient showing on one [component of the inquiry]," it is not necessary to address both prongs of the Strickland test. Id. I find that to be true in this case. Thus, I follow that course and address only the prejudice prong.
In order to establish that counsel's alleged deficiency prejudiced his defense, Morrisette has to show that "there is a reasonable probability that, but for counsel's unprofessional errors, the result of the proceeding would have been different." Id. at 694, 104 S.Ct. 2052. "A reasonable probability is a probability sufficient to undermine confidence in the outcome." Id. "[T]he ultimate focus of inquiry must be on the fundamental fairness of the proceeding whose result is being challenged." Id. at 696, 104 S.Ct. 2052. Counsel's alleged error in this case must have been so serious "as to deprive [Morrisette] of a fair trial, a trial whose result is reliable." Id. at 687, 104 S.Ct. 2052.
[T]he right to the effective assistance of counsel is recognized not for its own sake, but because of the effect it has on the ability of the accused to receive a fair trial. Absent some effect of challenged conduct on the reliability of the trial process, the Sixth Amendment guarantee is generally not implicated.
United States v. Cronic, 466 U.S. 648, 658, 104 S.Ct. 2039, 80 L.Ed.2d 657 (1984); accord Lockhart v. Fretwell, 506 U.S. 364, 368, 113 S.Ct. 838, 122 L.Ed.2d 180 (1993).
Morrisette challenges the verdict form used in the penalty phase of his trial on the basis that it did not include an express option allowing the imposition of a life sentence with or without a fine even if the jury found that the Commonwealth had proven one or both aggravating factors beyond a reasonable doubt. This challenge focuses on an alleged omission in the verdict form. Morrisette does not claim that the verdict form contained an erroneous statement of law as to the jury's sentencing options. See Henderson v. Kibbe, 431 U.S. 145, 155, 97 S.Ct. 1730, 52 L.Ed.2d 203 (1977) ("[a]n omission, or an incomplete instruction, is less likely to be prejudicial than a misstatement of the law").
In assessing whether Morrisette was prejudiced by this omission, the verdict form should not be looked at in isolation but rather as part of the overall instructions given to the jury during the penalty proceeding. See Boyde v. California, 494 U.S. 370, 378, 110 S.Ct. 1190, 108 L.Ed.2d 316 (1990) (a jury instruction should not be viewed in isolation but should be examined in the context of the entire charge to the jury). Furthermore, in Atkins v. Commonwealth, 257 Va. 160, 177 n. 8, 510 S.E.2d 445, 456 n. 8 (1999), we stated that, in the context presented there, "the term `instruction' is sufficiently broad to cover any statement of the law given by the trial court to the jury, which would necessarily include the written verdict form required by Code § 19.2-264.4(D)."
Looking not just at the verdict form but also at the jury instructions, I find crucial in applying the Strickland prejudicial analysis to Morrisette's claim the fact that the trial court correctly instructed the jury about all of its sentencing options and Morrisette does not claim otherwise. That instruction stated:
You have convicted the defendant of an offense which may be punishable by death. You must decide whether the defendant shall be sentenced to death or to imprisonment for life and a fine of a specific amount, but not more than $100,000.00. Before the penalty can be fixed at death, the Commonwealth must prove beyond a reasonable doubt at least one of the following aggravating circumstances:
(1) That, after consideration of his history and background, there is a probability that he would commit criminal acts of *565violence that would constitute a continuing serious threat to society; or
(2) That his conduct in committing the offense was outrageously or wantonly vile, horrible or inhuman, in that it involved torture, depravity of mind or aggravated battery to the victim beyond the minimum necessary to accomplish the act of murder.
If you find from the evidence that the Commonwealth has proved beyond a reasonable doubt either of these circumstances, then you may fix the punishment of the defendant at death. But if you nevertheless believe from all the evidence, including evidence in mitigation, that the death penalty is not justified, then you shall fix the punishment of the defendant at:
(1) Imprisonment for life; or
(2) Imprisonment for life and a fine of a specific amount, but not more than $100,000.00.
If the Commonwealth has failed to prove beyond a reasonable doubt at least one of these circumstances, then you shall fix the punishment at:
(1) Imprisonment for life; or
(2) Imprisonment for life and a fine of a specific amount, but not more than $100,000.00.
Any decision you make regarding punishment must be unanimous.
Armed with this correct statement of law along with the penalty phase verdict form, a reasonable jury could not have misunderstood its sentencing options. See Francis v. Franklin, 471 U.S. 307, 315, 105 S.Ct. 1965, 85 L.Ed.2d 344 (1985) ("`whether a defendant has been accorded his constitutional rights depends upon the way in which a reasonable juror could have interpreted the instruction'") (quoting Sandstrom v. Montana, 442 U.S. 510, 514, 99 S.Ct. 2450, 61 L.Ed.2d 39 (1979)). In other words, there is not a reasonable probability that the jury would have voted to impose a life sentence or a life sentence with a fine after finding both aggravating factors but failed to do so because the verdict form did not expressly set out an option with that particular language. The jury was clearly instructed that, if it found the Commonwealth had proven either of the aggravating factors beyond a reasonable doubt, it "may" fix punishment at death; but that, if it nevertheless believed from all the evidence, including evidence in mitigation, the death penalty was not justified, it "shall fix" punishment at life imprisonment or life imprisonment and a fine. This language juxtaposed with the verdict form that expressly, in a separate paragraph, provided the option of fixing punishment at life imprisonment or life imprisonment and a fine "after having considered all of the evidence in aggravation and mitigation" was not confusing. Nor was there a conflict between the verdict form and the trial court's instructions.
In short, the jury was instructed that, even if it found one or both aggravating factors, it could sentence Morrisette to life imprisonment or life imprisonment and a fine if it believed, after considering all the evidence including mitigation evidence, that the death penalty was not justified. The final two paragraphs of the verdict form provided the jury with the means to effect such a finding, but the jury instead chose to fix Morrisette's sentence at death.
Thus, I conclude that Morrisette has not carried his burden of demonstrating that counsel's alleged error was "so serious as to deprive [him] of a fair trial." Strickland, 466 U.S. at 687, 104 S.Ct. 2052; cf. Henderson, 431 U.S. at 154, 97 S.Ct. 1730 (burden of showing that an erroneous instruction was so prejudicial as to support collateral attack on defendant's conviction is greater than burden to show plain error on direct appeal); Jenkins v. Commonwealth, 254 Va. 333, 336 n. 4, 492 S.E.2d 131, 132 n. 4 (1997) (noting different standard for collateral review of constitutional error). The result of Morrisette's sentencing proceeding was not unreliable. See Strickland, 466 U.S. at 696, 104 S.Ct. 2052.
For these reasons, I respectfully concur, in part, and dissent, in part, and would dismiss Morrisette's petition for writ of habeas corpus.
This order shall be published in the Virginia Reports.
*566The Clerk of this Court shall certify copies of this order to counsel for the petitioner, to the respondent, to the Clerk of the Circuit Court of the City of Hampton, and to the Attorney General of Virginia, which certification shall have the same force and effect as if a writ of habeas corpus were formally issued and served.