In addition as a retainer fee he obtained some legal rights to Titlow's biography, creating a conflict of interest.

She argued that Toca had advised her to withdraw her plea without doing any research on her case therefore providing her with ineffective counsel.

The Appeals Court rejected her argument, stating that her withdrawal of the plea bargain started with her conversation with the sheriff's deputy, not Toca.

Titlow filed a motion under The Antiterrorism and Effective Death Penalty Act, requesting a review by federal court.

The record also shows that there is no indication that Toca informed his client of the consequences of withdrawing her plea.

Alito makes the point that where there is a record the defendant adamantly asserted her innocence; therefore on its face the plea withdrawal was reasonable.

Justice Sotomayor concurred with the entire judgment expanding on Alito's opinion stating that regardless of a defendant's assertion of innocence counsel must make its own conclusion and offer clear advice of outcomes.

However, because Titlow's aunt was later acquitted then died, there was no ability for the State to reoffer her original plea.