Nix v. Whiteside

Facts

The defendant was convicted of murder after a trial. The defendant and two others went to a man’s apartment late at night, seeking marijuana. An argument between the defendant and the man over the marijuana ensued. At one point, the man directed his girlfriend to get his “piece” and went over to his bed. According to the defendant’s testimony, the man then started to reach under his pillow and moved toward the defendant. The defendant stabbed him in the chest.

The defendant was appointed a lawyer named Gary L. Robinson. The defendant told Robinson that he had not actually seen a gun. No pistol was found on the premises. Robinson interviewed the defendant’s companions who were present during the stabbing, and none had seen a gun during the incident either.

The defendant consistently stated to Robinson that he had not actually seen a gun. However, about a week before trial, during preparation for trial, the defendant for the first time told Robinson that he had seen something “metallic” in the man’s hand. The defendant also said that “If I don’t say I saw a gun, I’m dead.” Robinson told the defendant that such testimony would be perjury and that he would advise the Court of what he was doing and withdraw from the representation if the defendant insisted on committing perjury. The defendant testified at trial that he had not actually seen a gun and was convicted.

The defendant petitioned for a writ of habeas corpus, arguing that he was denied the effective assistance of counsel by Robinson’s admonitions not to state that he saw a gun or “something metallic.” The United States Court of Appeals for the Eighth Circuit granted it, finding that an intent to commit perjury does not alter a defendant’s right to effective assistance of counsel and that Robinson’s admonition to the defendant that he would inform the court of his perjury constituted a threat.