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Nix V. Whiteside Case Summary

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[Introduction to the legal process]
Professor-Timothy Porter [Case Brief- Nix v. Whiteside, 475 U.S. 157 (1986)]
Due By- October 21, 2014 [Md. Musa Shifullah]

Facts
The defendant (Whiteside) was looking for drugs in the victim’s apartment, along with two other people. He had an argument with the victim, in response to which the defendant stabbed the victim in the chest. The would happened to be fatal. The defendant communicated to his defense lawyer that he wishes to make up a story that he had seen the victim drawing a weapon from underneath his pillow, so that he would be able to provide a successful claim of self-defense. Upon this, the defense lawyer told the defendant that this action amounts to perjury, and if the defendant proceeds …show more content…

Dissenting Opinions
In dissent, Judge John R. Gibson, joined by Judges Ross, Fagg, and Bowman, argued that Whiteside had failed to show cognizable prejudice. A separate dissent by Judge Fagg, joined by Judges Ross, John R. Gibson, and Bowman, addressed the performance prong of Strickland.
Analysis
Lawyers who assume the privileges of jury or judges for establishing the facts or altering them are more dangerous to the effective representation of their clients in a court of law. The Sixth Amendment requires representative counsels to be loyal and zealous in their conduct. However, the defense lawyer in our case was representing the client appropriately and therefore the question regarding how his conduct should have been does not arise. References http://scholar.google.com/scholar?q=Nix+v.+Whiteside,+475+U.S.+157+(1986)&hl=en&as_sdt=6&as_vis=1&oi=scholart&sa=X&ei=8CRHVKvpHfPGsQTRvYFo&ved=0CB0QgQMwAA Delaney, J. (1987). “Learning legal reasoning: Briefing, analysis and theory”, John Delaney Publications, Retrieved from

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