According to a panel of the US Court of Appeals. Though after reading the decision, I suspect after this round of appeals is over, a new round based on ineffective counsel will start up.
Kind of interesting that Artur Davis (an announced candidate for governor) has a response out but neither of the other leading candidates (Sparks, Folsom) do. Davis’s response does sound like what you’d expect of some one who needs to win votes from party stalwarts.