Professional Responsibility Keyed to Hazard
Nix v. Whiteside
ProfessorScott Caron
CaseCast™ – "What you need to know"
Facts
An altercation involving Whiteside (Defendant) resulted in the stabbing death of another. Before testifying, Defendant told his attorney that he planned to state that he had seen a gun in the decedent’s hand, even though previously he had stated the opposite. The attorney informed Defendant he would be committing perjury to do so, which he could not allow. The attorney told Defendant that if he testified falsely, the attorney would inform the court of Defendant’s perjury. Defendant did not testify falsely, and he was convicted of murder. He appealed, arguing that counsel’s threats to expose his perjury constituted a denial of counsel under the Sixth Amendment. This conviction was affirmed. Whiteside (Defendant) petitioned for habeas corpus in the district court. This was denied. The court of appeals reversed, agreeing with Whiteside’s (Defendant) contention. The Supreme Court granted review.
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