If someone is convicted of a crime and receives a lengthly jail sentence can they then decide to file a claim for the ineffective assistance of counsel and a new trial? I am doing research for my husband who is currently incarcerated. .

The right to effective assistance of counsel is guaranteed to every defendant in a criminal case by the Sixth Amendment to the United States Constitution. Effective assistance of counsel does not mean perfect counsel. Rather, a lawyer''s representation is ineffective if it fell below an objective standard of reasonableness and thereby prejudiced his defense. The burden is on the defendant to establish ineffective assistance of counsel. To do so, he must overcome the strong presumption that counsel''s conduct falls within the wide range of reasonable professional assistance. The claim will be reviewed from the perspective of his lawyer at the time he rendered his legal services, not in hindsight. In addition, in considering the lawyer''s performance, the court will focus not what is prudent or appropriate, but only what is constitutionally compelled. And finally, the defendant must establish that there is a reasonable probability that, but for counsel''s unprofessional errors, the result of the proceeding would have been different. A claim of ineffective assistance of counsel is most often raised in a habeas corpus proceeding after the denial of a direct appeal or a motion to withdraw a guilty plea. If the defendant failed to pursue either of these remedies in the state courts, he may be barred from seeking habeas review. An exception is sometimes made if the defendant can demonstrate cause and prejudice or a fundamental miscarriage of justice. State rules involving procedural default which have the effect of barring federal habeas review of ineffective assistance of counsel claims are given careful scrutiny. This is because habeas claims may be the only means through which an accused can effectuate the right to counsel. Courts realize that a lay person is ordinarily unable to recognize his lawyer''s errors and evaluate his professional performance. Thus, he may not know that he has not been represented competently until after trial or appeal, usually when he consults another lawyer about his case. Thus, even if a defendant did not directly appeal his state conviction and sentence, or file to withraw his guilty plea, many courts still will allow him to proceed to file a claim to set aside his conviction for ineffective assistance of counsel in federal court, usually under 28 U.S.C. Sec. 2254. If you have missed the filing deadlines for a motion for new trial or to file a notice of direct appeal, you might first try to reduce the sentence under the applicable state law for post-conviction relief, usually rule 35. If that fails, and you believe there are grounds to support it, you can attempt to file a habeas petition in federal court alleging ineffective assistance of counsel. You should seek legal advice specifically on the laws of Ohio and the case law in the Sixth Circuit.