Nix v. Whiteside
Encyclopedia
Nix v. Whiteside, 475 U.S. 157
(1986) was a United States Supreme Court
decision that dealt with the effective assistance of counsel
during a criminal trial.
Before his trial for murder, the defendant, Whiteside, discussed his planned testimony with his attorney, and said that he had seen "something metallic in [the victim's] hand", in contradiction to earlier statements that he had not seen a gun in the victim's hand. Whiteside's attorney, Robinson, had warned that he (Robinson) would have an ethical obligation to report perjured testimony to the court. Whiteside, on the stand, admitted that while he believed the victim had a gun, he did not actually see a gun in the victim's hand. Whiteside was convicted, and subsequently applied for a Federal writ of habeas corpus
, on the grounds that his conviction was tainted under the Sixth Amendment
in that his attorney's threat to disclose the perjury had deprived him, Whiteside, of effective assistance of counsel.
The court ruled unanimously that Whiteside had not been deprived of his Sixth Amendment rights. The majority opinion, written by Chief Justice
Burger, stated that an attorney's duty to his client's cause is "limited to legitimate, lawful conduct compatible with the very nature of a trial as a search for truth"; and that "the right to counsel includes no right to have a lawyer who will cooperate with planned perjury".
Concurrences by Blackmun
, Brennan and Stevens
stated that Whiteside had failed to show that the attorney's actions had caused prejudice to the defendant's trial required to sustain a claim of "effective representation", as required by the case of Strickland v. Washington
, 466 U.S. 668 (1984).
In a separate concurrence, Brennan said that the Court is deciding only the narrow issue "conduct acceptable under the Sixth Amendment" (quoting the lower court). "Unfortunately, the Court seems unable to resist the temptation of sharing with the legal community its vision of ethical conduct." But it is up to "the States... how [lawyers] behave in their courts, unless and until federal rights are violated."
Case citation
Case citation is the system used in many countries to identify the decisions in past court cases, either in special series of books called reporters or law reports, or in a 'neutral' form which will identify a decision wherever it was reported...
(1986) was a United States Supreme Court
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
decision that dealt with the effective assistance of counsel
Ineffective assistance of counsel
Ineffective assistance of counsel is an issue raised in legal malpractice suits and in appeals in criminal cases where a criminal defendant asserts that their criminal conviction occurred because their attorney failed to properly defend the case...
during a criminal trial.
Before his trial for murder, the defendant, Whiteside, discussed his planned testimony with his attorney, and said that he had seen "something metallic in [the victim's] hand", in contradiction to earlier statements that he had not seen a gun in the victim's hand. Whiteside's attorney, Robinson, had warned that he (Robinson) would have an ethical obligation to report perjured testimony to the court. Whiteside, on the stand, admitted that while he believed the victim had a gun, he did not actually see a gun in the victim's hand. Whiteside was convicted, and subsequently applied for a Federal writ of habeas corpus
Habeas corpus
is a writ, or legal action, through which a prisoner can be released from unlawful detention. The remedy can be sought by the prisoner or by another person coming to his aid. Habeas corpus originated in the English legal system, but it is now available in many nations...
, on the grounds that his conviction was tainted under the Sixth Amendment
Sixth Amendment to the United States Constitution
The Sixth Amendment to the United States Constitution is the part of the United States Bill of Rights which sets forth rights related to criminal prosecutions...
in that his attorney's threat to disclose the perjury had deprived him, Whiteside, of effective assistance of counsel.
The court ruled unanimously that Whiteside had not been deprived of his Sixth Amendment rights. The majority opinion, written by Chief Justice
Chief Justice of the United States
The Chief Justice of the United States is the head of the United States federal court system and the chief judge of the Supreme Court of the United States. The Chief Justice is one of nine Supreme Court justices; the other eight are the Associate Justices of the Supreme Court of the United States...
Burger, stated that an attorney's duty to his client's cause is "limited to legitimate, lawful conduct compatible with the very nature of a trial as a search for truth"; and that "the right to counsel includes no right to have a lawyer who will cooperate with planned perjury".
Concurrences by Blackmun
Harry Blackmun
Harold Andrew Blackmun was an Associate Justice of the Supreme Court of the United States from 1970 until 1994. He is best known as the author of Roe v. Wade.- Early years and professional career :...
, Brennan and Stevens
John Paul Stevens
John Paul Stevens served as an Associate Justice of the Supreme Court of the United States from December 19, 1975 until his retirement on June 29, 2010. At the time of his retirement, he was the oldest member of the Court and the third-longest serving justice in the Court's history...
stated that Whiteside had failed to show that the attorney's actions had caused prejudice to the defendant's trial required to sustain a claim of "effective representation", as required by the case of Strickland v. Washington
Strickland v. Washington
In Strickland v. Washington, , the United States Supreme Court established a two-part test for establishing a claim of ineffective assistance of counsel...
, 466 U.S. 668 (1984).
In a separate concurrence, Brennan said that the Court is deciding only the narrow issue "conduct acceptable under the Sixth Amendment" (quoting the lower court). "Unfortunately, the Court seems unable to resist the temptation of sharing with the legal community its vision of ethical conduct." But it is up to "the States... how [lawyers] behave in their courts, unless and until federal rights are violated."
See also
- List of United States Supreme Court cases, volume 475
- List of United States Supreme Court cases
- Lists of United States Supreme Court cases by volume
- List of United States Supreme Court cases by the Rehnquist Court