nix
whiteside
argued
november
decided
february
preparing
iowa
trial
murder
charge
respondent
consistently
told
attorney
although
actually
seen
gun
victim
hand
stabbed
victim
convinced
victim
gun
respondent
companions
present
stabbing
told
counsel
seen
gun
gun
found
counsel
advised
respondent
existence
gun
necessary
establish
claim
reasonable
belief
victim
gun
nearby
necessary
even
though
gun
actually
present
however
preparation
direct
examination
shortly
trial
respondent
first
time
told
counsel
seen
something
metallic
victim
hand
asked
respondent
said
say
saw
gun
dead
respondent
insisting
testify
saw
something
metallic
counsel
told
testified
falsely
counsel
duty
advise
felt
respondent
committing
perjury
counsel
probably
allowed
impeach
testimony
seek
withdraw
representation
respondent
insisted
committing
perjury
respondent
ultimately
testified
originally
contemplated
admitting
actually
seen
gun
victim
hand
jury
found
respondent
guilty
respondent
moved
new
trial
claiming
deprived
fair
trial
counsel
admonitions
state
saw
gun
something
metallic
denied
motion
hearing
iowa
affirmed
conviction
holding
counsel
actions
permissible
required
iowa
law
respondent
sought
federal
habeas
corpus
relief
alleging
denied
effective
assistance
counsel
attorney
refusal
allow
testify
proposed
district
denied
relief
appeals
reversed
concluding
intent
commit
perjury
communicated
counsel
alter
defendant
right
effective
assistance
counsel
counsel
threatened
violation
client
confidences
violated
effective
representation
standards
set
forth
strickland
washington
held
sixth
amendment
right
criminal
defendant
assistance
counsel
violated
attorney
refuses
cooperate
defendant
presenting
perjured
testimony
trial
pp
strickland
washington
supra
held
obtain
relief
way
federal
habeas
corpus
claim
deprivation
effective
assistance
counsel
sixth
amendment
movant
must
establish
serious
attorney
error
prejudice
sixth
amendment
inquiry
whether
attorney
conduct
reasonably
effective
must
careful
narrow
wide
range
attorney
conduct
acceptable
sixth
amendment
restrictively
constitutionalize
particular
standards
professional
conduct
thereby
intrude
state
proper
authority
define
apply
standards
professional
conduct
applicable
admits
practice
courts
pp
counsel
conduct
fell
within
wide
range
professional
responses
threatened
client
perjury
acceptable
sixth
amendment
counsel
duty
loyalty
advocacy
defendant
cause
limited
legitimate
lawful
conduct
compatible
nature
trial
search
truth
although
counsel
must
take
reasonable
lawful
means
attain
client
objectives
counsel
precluded
taking
steps
way
assisting
client
presenting
false
evidence
otherwise
violating
law
moreover
accepted
norms
require
lawyer
disclose
client
perjury
frauds
upon
iowa
code
also
expressly
permits
withdrawal
representation
appropriate
response
attorney
client
threatens
commit
perjury
pp
appeals
holding
supported
record
since
counsel
action
deprived
respondent
contemplated
perjury
whatever
scope
constitutional
right
testify
elementary
right
extend
testifying
falsely
right
counsel
includes
right
lawyer
cooperate
planned
perjury
breach
professional
duty
counsel
admonition
respondent
disclose
respondent
perjury
pp
matter
law
counsel
conduct
establish
prejudice
required
relief
strickland
inquiry
conflict
interests
involved
one
imposed
attorney
client
proposal
commit
crime
fabricating
testimony
kind
conflict
interest
render
representation
constitutionally
infirm
pp
burger
delivered
opinion
white
powell
rehnquist
joined
brennan
filed
opinion
concurring
judgment
post
blackmun
filed
opinion
concurring
judgment
brennan
marshall
stevens
joined
post
stevens
filed
opinion
concurring
judgment
post
brent
appel
deputy
attorney
general
iowa
argued
cause
petitioner
briefs
thomas
miller
attorney
general
thomas
mcgrane
assistant
attorney
general
patrick
reilly
grady
appointment
argued
cause
filed
brief
respondent
briefs
amici
curiae
urging
reversal
filed
legal
foundation
america
jean
fleming
powers
david
crump
national
association
criminal
defense
lawyers
michael
bender
bruce
lyons
john
shepherd
michael
franck
george
kuhlman
filed
brief
american
bar
association
amicus
curiae
chief
justice
burger
delivered
opinion
granted
certiorari
decide
whether
sixth
amendment
right
criminal
defendant
assistance
counsel
violated
attorney
refuses
cooperate
defendant
presenting
perjured
testimony
trial
whiteside
convicted
murder
jury
verdict
affirmed
iowa
courts
killing
took
place
february
cedar
rapids
iowa
whiteside
two
others
went
one
calvin
love
apartment
late
night
seeking
marihuana
love
bed
whiteside
companions
arrived
argument
whiteside
love
marihuana
ensued
one
point
love
directed
girlfriend
get
piece
another
point
got
returned
bed
according
whiteside
testimony
love
started
reach
pillow
moved
toward
whiteside
whiteside
stabbed
love
chest
inflicting
fatal
wound
whiteside
charged
murder
counsel
appointed
objected
lawyer
initially
appointed
claiming
felt
uncomfortable
lawyer
formerly
prosecutor
gary
robinson
appointed
immediately
began
investigation
whiteside
gave
statement
stabbed
love
latter
pulling
pistol
underneath
pillow
bed
upon
questioning
robinson
however
whiteside
indicated
actually
seen
gun
convinced
love
gun
pistol
found
premises
shortly
police
search
following
stabbing
revealed
weapon
victim
family
removed
victim
possessions
apartment
robinson
interviewed
whiteside
companions
present
stabbing
none
seen
gun
incident
robinson
advised
whiteside
existence
gun
necessary
establish
claim
reasonable
belief
victim
gun
nearby
necessary
even
though
gun
actually
present
shortly
trial
whiteside
consistently
stated
robinson
actually
seen
gun
convinced
love
gun
hand
week
trial
preparation
direct
examination
whiteside
first
time
told
robinson
associate
donna
paulsen
seen
something
metallic
love
hand
asked
whiteside
responded
howard
cook
case
gun
say
saw
gun
dead
allow
testify
falsely
perjury
officers
suborning
perjury
allowed
advised
duty
advise
felt
committing
perjury
also
probably
allowed
attempt
impeach
particular
testimony
app
pet
cert
whiteside
testified
defense
trial
stated
knew
love
gun
believed
love
reaching
gun
acted
swiftly
admitted
actually
seen
gun
love
hand
robinson
presented
evidence
love
seen
shotgun
occasions
police
search
apartment
may
careless
victim
family
removed
everything
apartment
shortly
crime
robinson
presented
evidence
show
basis
whiteside
asserted
fear
love
gun
jury
returned
verdict
murder
whiteside
moved
new
trial
claiming
deprived
fair
trial
robinson
admonitions
state
saw
gun
something
metallic
trial
held
hearing
heard
testimony
whiteside
robinson
denied
motion
trial
made
specific
findings
facts
related
robinson
iowa
affirmed
respondent
conviction
state
whiteside
held
right
counsel
present
appropriate
defenses
extend
using
perjury
attorney
duty
client
extend
assisting
client
committing
perjury
relying
dr
iowa
code
professional
responsibility
lawyers
expressly
prohibits
attorney
using
perjured
testimony
iowa
code
iowa
code
criminalizes
subornation
perjury
iowa
concluded
robinson
actions
permissible
required
commended
robinson
paulsen
high
ethical
manner
matter
handled
whiteside
petitioned
writ
habeas
corpus
district
southern
district
iowa
petition
whiteside
alleged
denied
effective
assistance
counsel
right
present
defense
robinson
refusal
allow
testify
proposed
district
denied
writ
accepting
state
trial
factual
finding
whiteside
intended
testimony
perjurious
concluded
grounds
habeas
relief
since
constitutional
right
present
perjured
defense
appeals
eighth
circuit
reversed
directed
writ
habeas
corpus
granted
whiteside
scurr
appeals
accepted
findings
trial
judge
affirmed
iowa
trial
counsel
believed
good
cause
whiteside
testify
falsely
acknowledged
harris
new
york
criminal
defendant
privilege
testify
behalf
include
right
commit
perjury
nevertheless
reasoned
intent
commit
perjury
communicated
counsel
alter
defendant
right
effective
assistance
counsel
robinson
admonition
whiteside
inform
whiteside
perjury
constituted
threat
violate
attorney
duty
preserve
client
confidences
according
appeals
threatened
violation
client
confidences
breached
standards
effective
representation
set
strickland
washington
also
concluded
strickland
prejudice
requirement
satisfied
implication
prejudice
conflict
robinson
duty
loyalty
client
ethical
duties
petition
rehearing
en
banc
denied
judges
gibson
ross
fagg
bowman
dissenting
whiteside
scurr
granted
certiorari
reverse
ii
right
accused
testify
defense
relatively
recent
origin
latter
part
preceding
century
criminal
defendants
country
common
law
considered
disqualified
giving
sworn
testimony
trial
reason
interest
party
case
see
ferguson
georgia
morris
studies
history
american
law
ed
iowa
among
adhered
rule
disqualification
state
laffer
iowa
end
century
however
disqualification
finally
abolished
statute
federal
courts
act
mar
ch
stat
see
thayer
chapter
legal
history
massachusetts
harv
rev
although
never
explicitly
held
criminal
defendant
due
process
right
testify
behalf
cases
several
circuits
held
right
long
assumed
see
curtis
bifield
cert
denied
also
suggested
right
exists
corollary
fifth
amendment
privilege
compelled
testimony
see
harris
new
york
supra
see
also
ferguson
concurring
opinion
frankfurter
concurring
opinion
clark
strickland
washington
held
obtain
relief
way
federal
habeas
corpus
claim
deprivation
effective
assistance
counsel
sixth
amendment
movant
must
establish
serious
attorney
error
prejudice
show
error
must
established
assistance
rendered
counsel
constitutionally
deficient
counsel
made
errors
serious
counsel
functioning
counsel
guaranteed
defendant
sixth
amendment
strickland
show
prejudice
must
established
claimed
lapses
counsel
performance
rendered
trial
unfair
undermine
confidence
outcome
trial
strickland
acknowledged
sixth
amendment
require
particular
response
counsel
problem
may
arise
rather
sixth
amendment
inquiry
whether
attorney
conduct
reasonably
effective
counteract
natural
tendency
fault
unsuccessful
defense
reviewing
claim
ineffective
assistance
must
indulge
strong
presumption
counsel
conduct
falls
within
wide
range
reasonable
professional
assistance
giving
shape
perimeters
range
reasonable
professional
assistance
strickland
mandates
revailing
norms
practice
reflected
american
bar
association
standards
like
guides
determining
reasonable
guides
turn
next
question
presented
definition
range
reasonable
professional
responses
criminal
defendant
client
informs
counsel
perjure
stand
must
determine
whether
setting
robinson
conduct
fell
within
wide
range
professional
responses
threatened
client
perjury
acceptable
sixth
amendment
strickland
recognized
counsel
duty
loyalty
overarching
duty
advocate
defendant
cause
ibid
plainly
duty
limited
legitimate
lawful
conduct
compatible
nature
trial
search
truth
although
counsel
must
take
reasonable
lawful
means
attain
objectives
client
counsel
precluded
taking
steps
way
assisting
client
presenting
false
evidence
otherwise
violating
law
principle
consistently
recognized
unequivocal
terms
expositors
norms
professional
conduct
since
first
canons
professional
ethics
adopted
american
bar
association
canon
provided
client
corporate
individual
however
powerful
cause
civil
political
however
important
entitled
receive
lawyer
render
service
advice
involving
disloyalty
law
whose
ministers
disrespect
judicial
office
bound
uphold
corruption
person
persons
exercising
public
office
private
trust
deception
betrayal
public
must
observe
advise
client
observe
statute
law
announced
intention
client
commit
crime
included
within
confidences
attorney
bound
respect
representation
client
lawyer
shall
knowingly
use
perjured
testimony
false
evidence
counsel
assist
client
conduct
lawyer
knows
illegal
fraudulent
rule
scope
representation
lawyer
shall
counsel
client
engage
assist
client
conduct
lawyer
knows
criminal
fraudulent
standards
confirm
legal
profession
accepted
attorney
ethical
duty
advance
interests
client
limited
equally
solemn
duty
comply
law
standards
professional
conduct
specifically
ensures
client
may
use
false
evidence
special
duty
attorney
prevent
disclose
frauds
upon
derives
recognition
perjury
much
crime
tampering
witnesses
jurors
way
promises
threats
undermines
administration
justice
see
burdick
law
crime
offense
perjury
crime
recognized
common
law
made
felony
statute
including
iowa
iowa
code
see
generally
torcia
wharton
criminal
law
ed
attorney
aids
false
testimony
questioning
witness
perjurious
responses
anticipated
risks
prosecution
subornation
perjury
iowa
code
universally
agreed
minimum
attorney
first
duty
confronted
proposal
perjurious
testimony
attempt
dissuade
client
unlawful
course
conduct
model
rules
professional
conduct
rule
comment
wolfram
client
perjury
cal
rev
statement
directly
point
found
commentary
model
rules
professional
conduct
heading
false
evidence
false
evidence
offered
client
however
conflict
may
arise
lawyer
duty
keep
client
revelations
confidential
duty
candor
upon
ascertaining
material
evidence
false
lawyer
seek
persuade
client
evidence
offered
offered
false
character
immediately
disclosed
model
rules
professional
conduct
rule
comment
emphasis
added
essence
brief
amicus
american
bar
association
reviewing
practices
long
accepted
ethical
lawyers
circumstance
may
lawyer
either
advocate
passively
tolerate
client
giving
false
testimony
course
consistent
governance
trial
conduct
long
called
search
truth
suggestion
sometimes
made
lawyer
must
believe
client
judge
sense
means
lawyer
honorably
party
way
give
aid
presenting
known
perjury
considering
robinson
representation
respondent
light
accepted
norms
professional
conduct
discern
failure
adhere
reasonable
professional
standards
sense
make
deprivation
sixth
amendment
right
counsel
whether
robinson
conduct
seen
successful
attempt
dissuade
client
committing
crime
perjury
whether
seen
threat
withdraw
representation
disclose
illegal
scheme
robinson
representation
whiteside
falls
well
within
accepted
standards
professional
conduct
range
reasonable
professional
conduct
acceptable
strickland
appeals
assumed
purpose
decision
whiteside
given
false
testimony
counsel
intervened
opinion
denying
rehearing
en
banc
presume
appellant
testified
falsely
counsel
actions
prevented
whiteside
testifying
falsely
hold
counsel
action
deprived
appellant
due
process
effective
assistance
counsel
counsel
actions
also
impermissibly
compromised
appellant
right
testify
defense
conditioning
continued
representation
counsel
confidentiality
upon
appellant
restricted
testimony
appeals
holding
robinson
action
deprived
whiteside
due
process
effective
assistance
counsel
supported
record
since
robinson
action
deprived
whiteside
contemplated
perjury
nothing
counsel
way
undermined
whiteside
claim
believed
victim
reaching
gun
similarly
record
gives
support
holding
robinson
action
also
impermissibly
compromised
whiteside
right
testify
defense
conditioning
continued
representation
confidentiality
upon
whiteside
restricted
testimony
record
fact
shows
contrary
whiteside
testify
restricted
restrained
testifying
falsely
aided
robinson
developing
basis
fear
love
reaching
gun
robinson
divulged
client
communications
compelled
response
whiteside
challenge
quality
performance
see
case
attorney
successfully
dissuaded
client
committing
crime
perjury
paradoxically
even
accepting
conclusion
iowa
trial
whiteside
proposed
testimony
criminal
act
appeals
held
robinson
efforts
persuade
whiteside
commit
crime
improper
first
forcing
impermissible
choice
right
counsel
right
testify
second
compromising
client
confidences
robinson
threat
disclose
contemplated
perjury
whatever
scope
constitutional
right
testify
elementary
right
extend
testifying
falsely
harris
new
york
assumed
right
accused
testify
defense
refuse
went
hold
hat
privilege
construed
include
right
commit
perjury
see
knox
cf
dennis
voluntarily
taken
stand
petitioner
obligation
speak
truthfully
paucity
authority
subject
right
may
explained
fact
notion
never
responsibly
advanced
right
counsel
includes
right
lawyer
cooperate
planned
perjury
lawyer
cooperate
risk
prosecution
suborning
perjury
disciplinary
proceedings
including
suspension
disbarment
robinson
admonitions
client
sense
said
forced
respondent
impermissible
choice
right
counsel
right
testify
proposed
permissible
choice
testify
falsely
defense
counsel
take
steps
persuade
criminal
defendant
testify
truthfully
withdraw
deprives
defendant
neither
right
counsel
right
testify
truthfully
havens
supra
made
clear
defendants
testify
must
testify
truthfully
suffer
consequences
accused
proposed
resort
perjury
produce
false
evidence
one
consequence
risk
withdrawal
counsel
record
accused
enjoyed
continued
representation
within
bounds
reasonable
professional
conduct
fact
exercise
right
testify
denied
right
assistance
counsel
presentation
false
testimony
similarly
discern
breach
professional
duty
robinson
admonition
respondent
disclose
respondent
perjury
crime
perjury
setting
indistinguishable
substance
crime
threatening
tampering
witness
juror
defendant
informed
counsel
arranging
bribe
threaten
witnesses
members
jury
right
insist
counsel
assistance
silence
counsel
limited
advising
conduct
attorney
duty
confidentiality
totally
covers
client
admission
guilt
extend
client
announced
plans
engage
future
criminal
conduct
see
clark
short
responsibility
ethical
lawyer
officer
key
component
system
justice
dedicated
search
truth
essentially
whether
client
announces
intention
bribe
threaten
witnesses
jurors
commit
procure
perjury
system
justice
worthy
name
tolerate
lesser
standard
rule
adopted
appeals
seemingly
require
attorney
remain
silent
client
committed
perjury
wholly
incompatible
established
standards
ethical
conduct
laws
iowa
contrary
professional
standards
promulgated
state
position
advocated
petitioner
contrary
wholly
consistent
iowa
standards
professional
conduct
law
overwhelming
majority
courts
codes
professional
ethics
since
breach
recognized
professional
duty
follows
deprivation
right
assistance
counsel
strickland
standard
hold
matter
law
counsel
conduct
complained
establish
prejudice
required
relief
second
strand
strickland
inquiry
although
defendant
need
establish
attorney
deficient
performance
likely
altered
outcome
order
establish
prejudice
strickland
defendant
must
show
reasonable
probability
counsel
unprofessional
errors
result
proceeding
different
according
strickland
reasonable
probability
probability
sufficient
undermine
confidence
outcome
ibid
strickland
noted
benchmark
claim
fairness
adversary
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bar
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arizona
arkansas
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missouri
montana
nevada
new
hampshire
new
jersey
north
carolina
washington
see
lawyers
manual
professional
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new
jersey
arizona
montana
minnesota
missouri
delaware
washington
north
carolina
arkansas
new
hampshire
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iowa
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noonan
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model
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conduct
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comment
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question
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code
professional
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last
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questions
state
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code
professional
responsibility
species
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motion
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trial
rested
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matter
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judge
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motion
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witness
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say
lawyer
threat
reveal
client
confidences
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effects
defendant
trial
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ex
rel
wilcox
johnson
finding
violation
sixth
amendment
attorney
threat
reveal
client
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perjury
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defendant
take
stand
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testify
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address
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defendant
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fact
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impose
sentence
years
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judge
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witnesses
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lawyers
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illustrative
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judge
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client
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threat
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led
defendant
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evidence
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wilcox
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counsel
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conjectures
guilt
innocence
client
justice
stevens
concurring
judgment
justice
holmes
taught
us
word
skin
living
thought
fact
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judge
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evidence
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judge
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duty
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otherwise
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client
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today
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change
client
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intended
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judicial
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apparent
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witness
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believe
answer
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circumstances
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actual
event
aftermath
justice
blackmun
preserved
questions
another
day
understand
imply
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criticism
lawyer
representation
client
join
opinion
concurring
judgment