mr. maples. mr. maples was in alabama under the reasonable belief that he was represented by counsel who would appeal if an adverse decision -- >> mr. gregory garre, kaj comeback to justice kennedy's question? this was not an appeal. the question was how many cases where is there no appeal. he had been convicted and appealed. >> the direct proceedings are over. he had appealed. to the state supreme court. did he seek here as well? >> did for. >> and this was a post conviction. >> it was. but they set up that system and allows for appeals. the cat to private. >> but i do not think that it is extraordinary that there be no appeal. >> are not aware of any state that does not allow appeal in first conviction proceeding. >> allowed, but it would not seem to be extraordinary that it was not sought. >> in this case there was a direct appeal. then there was a proceeding that we're talking about here. the trial judge waived for 18 months, so you would think there is some merit to the underlying claim. in t

mr. maples has taken regarding mr. but live here and the ability of these parties to obtain the permission from the court. in this case it is my understanding, not on the record, but it is on the record of visa before this court now that it is my understanding of the state had no idea that mr. maples attorneys -- his two attorneys in new york have left the firm. >> the market this and the notice for federal habeas? it did not send it to the council. what made them send the -- send that notice directly to maples and not tither of sullivan and cromwell lawyers? >> information is none of the record. in light of the fact the state court proceedings were over the most critical thing for him to do something terminal their relationship? >> said of the bats an accurate characterization. >> you would have to impede his knowledge to the clerk of court. find this falls on the part of the state. did he tell the clerk of court that he was only going to send it to maples? >> as far as i know, no. but the notion came back from the cl