Nix v. Whiteside

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Nix v. Whiteside
Seal of the United States Supreme Court.svg
Argued November 5, 1985
Decided February 26, 1986
Full case nameCrispus Nix, Warden, Petitioner v. Emanuel Charles Whiteside
Citations475 U.S. 157 ( more )
106 S.Ct. 988; 89 L. Ed. 2d 123; 1986 U.S. LEXIS 8
Holding
The Sixth Amendment right of a criminal defendant to assistance of counsel is not violated when an attorney refuses to cooperate with the defendant in presenting perjured testimony at his trial.
Court membership
Chief Justice
Warren E. Burger
Associate Justices
William J. Brennan Jr.  · Byron White
Thurgood Marshall  · Harry Blackmun
Lewis F. Powell Jr.  · William Rehnquist
John P. Stevens  · Sandra Day O'Connor
Case opinions
MajorityBurger, joined by White, Powell, Rehnquist, O'Connor
ConcurrenceBrennan
ConcurrenceBlackmun, joined by Brennan, Marshall, Stevens
ConcurrenceStevens
Laws applied
U.S. Const. amend. VI

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.

Supreme Court of the United States Highest court in the United States

The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States of America. It has ultimate appellate jurisdiction over all federal and state court cases that involve a point of federal law, and original jurisdiction over a narrow range of cases, including suits between two or more states and those involving ambassadors. The Court holds the power of judicial review, the ability to invalidate a statute for violating a provision of the Constitution. Presidential directives can be struck down by the Court for violating either the Constitution or statutory law. However, it may act only within the context of a case in an area of law over which it has jurisdiction. The Court may decide cases having political overtones, but it has ruled that it does not have power to decide non-justiciable political questions.

In United States law, ineffective assistance of counsel is a claim raised by a convicted criminal defendant asserting that the defendant's legal counsel performed so ineffectively that it deprived the defendant of the constitutional right guaranteed by the Assistance of Counsel Clause of the Sixth Amendment to the United States Constitution. Having the 'benefit of counsel' or 'assistance of counsel' means that the criminal defendant has had a competent attorney representing them. Competence is defined as reasonable professional assistance and is defined in part by prevailing professional norms and standards. To prove they received ineffective assistance, a criminal defendant must show two things:

  1. Deficient performance by counsel
  2. Resulting prejudice, in that but for the deficient performance, the result of the proceeding would have differed

Contents

Background

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 Whiteside of effective assistance of counsel.

Habeas corpus is a recourse in law through which a person can report an unlawful detention or imprisonment to a court and request that the court order the custodian of the person, usually a prison official, to bring the prisoner to court, to determine whether the detention is lawful.

Sixth Amendment to the United States Constitution part of the Bill of Rights, which sets out rights of the accused in a criminal prosecution

The Sixth Amendment to the United States Constitution sets forth rights related to criminal prosecutions. It was ratified in 1791 as part of the United States Bill of Rights. The Supreme Court has applied most of the protections of this amendment to the states through the Due Process Clause of the Fourteenth Amendment.

Supreme Court decision

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 Justices 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 "ineffective representation", as required by the case of Strickland v. Washington , 466 U.S. 668 (1984).

In law, a concurring opinion is in certain legal systems a written opinion by one or more judges of a court which agrees with the decision made by the majority of the court, but states different reasons as the basis for his or her decision. When no absolute majority of the court can agree on the basis for deciding the case, the decision of the court may be contained in a number of concurring opinions, and the concurring opinion joined by the greatest number of judges is referred to as the plurality opinion.

Harry Blackmun American judge

Harry Andrew Blackmun was an American lawyer and jurist who served as an Associate Justice of the Supreme Court of the United States from 1970 until 1994. Appointed by Republican President Richard Nixon, Blackmun ultimately became one of the most liberal justices on the Court. He is best known as the author of the Court's opinion in Roe v. Wade, which prohibits many state and federal restrictions on abortion.

William J. Brennan Jr. American judge

William Joseph Brennan Jr. was an American judge who served as an Associate Justice of the United States Supreme Court from 1956 to 1990. As the seventh longest-serving justice in Supreme Court history, he was known for being a leader of the Court's liberal wing.

In a separate concurrence, Justice 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

The following is a complete list of cases decided by the United States Supreme Court organized by volume of the United States Reports in which they appear. This is a list of volumes of U.S. Reports, and the links point to the contents of each individual volume.

Further reading

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