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Legal Ethics Keyed to Rhode, 8th Ed.
Nix v. Whiteside
Citation:
475 U.S. 157 (1986)Facts
Emmanuel Whiteside was charged with murder after fatally stabbing Calvin Love during an argument in Cedar Rapids, Iowa in 1977. Whiteside claimed self-defense, stating he believed Love was reaching for a gun under his pillow, though no weapon was found at the scene. Throughout case preparation, Whiteside consistently told his court-appointed attorney, Gary Robinson, that he had not actually seen a gun but believed Love had one. Approximately one week before trial, Whiteside suddenly changed his story, claiming he had seen “something metallic” in Love’s hand. When questioned about this change, Whiteside responded, “In Howard Cook’s case there was a gun. If I don’t say I saw a gun, I’m dead.” Robinson advised Whiteside that such testimony would constitute perjury, was unnecessary for a self-defense claim, and that if Whiteside insisted on testifying falsely, Robinson would be ethically obligated to inform the court and might withdraw from representation. At trial, Whiteside testified truthfully that he believed Love had a gun but admitted on cross-examination that he had not actually seen one. After being convicted of second-degree murder, Whiteside moved for a new trial, claiming Robinson’s actions deprived him of effective assistance of counsel.
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