Absolutely not. The brothers’ requested a new trial because they felt that the attorney slept through “substantial portions” of trial. The Court of Appeals disagreed because they felt that the trial transcript did not show this.
Fortunately, this can be grounds for a new trial, depending on the circumstances of your case. It can be difficult, but you need to be able to prove a few things:
Although the Sixth Amendment guarantees you an attorney in your criminal trial, we understand that you may not have been effectively represented. Certain actions by your attorney may be grounds for getting a new trial.