At this point, Kelly fired the Robeys, and the Ohio Public Defender stepped in. But the damage was already done. The defender moved to reopen the direct appeal, arguing that the conflict of interest prevented Kelly from raising meritorious appellate claims, including the jury-instruction issue. In denying the motion, the appeals court reasoned that Greg’s decision to forgo a lesser-included-offense instruction for an all-or-nothing approach fell under the umbrella of reasonable trial strategy. Unfortunately for Kelly, he had already sought state post-conviction relief while represented by the Robeys during the pendency of his direct appeal, without raising the jury-instruction issue, leaving this avenue of relief foreclosed.