Nix v. Whiteside

Whiteside (defendant), on trial for murder, initially told his attorney Robinson he saw the victim reaching for something but couldn't identify it, supporting a self-defense theory; shortly before trial, Whiteside said he would now testify the object was metallic (implying a gun) or he would be "dead," prompting Robinson to warn that such testimony would be perjury he would have to report to the court. Whiteside testified at trial but did not commit perjury and was convicted; he sought a new trial claiming Robinson's warning deprived him of effective assistance, and while the trial court denied the motion, the Eighth Circuit found Robinson's threat violated effective-representation standards.