Reese, 2013 ME 10, ¶ 32, 60 A.3d 1277; see State v. Reese, No. CR-02-73, 2012 WL 1889249, 2012 Me. Super. LEXIS 55 (March 14, 2012).Reese v. State, 2017 ME 40, ¶ 3, 157 A.3d 215. In the Law Court's fourth decision, the Court held that Martinez v. Ryan, 566 U.S. 1 (2012), "did not give Reese the right to challenge the effectiveness of post-conviction counsel in a subsequent post-conviction review petition."
[¶ 14] Unlike claims of error in court rulings, however, claims of ineffective assistance of counsel cannot be raised on direct appeal. SeeReese v. State , 2017 ME 40, ¶ 6 n.4, 157 A.3d 215. Because Salley could not have challenged the actions of trial counsel on direct appeal, he cannot have waived that claim for purposes of section 2128.