U.S. Supreme Court Oral Arguments Villarreal v. Texas
Oct 6, 2025
In this conversation, Mr. Banner, appellate counsel for Villarreal, emphasizes the critical Sixth Amendment right to discuss ongoing testimony with counsel during overnight recesses. Mr. Worthen, representing Texas, defends limited discussion rules to maintain trial integrity, while Mr. Parber, from the Solicitor General's office, advocates for broader prohibitions on testimony discussions. They tackle the fine line between permissible counseling and coaching, explore the implications of overnight recesses, and debate various legal precedents that could impact trial practices.
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Overnight Recesses Often Require Testimony Talks
- Defense counsel often must discuss a defendant's ongoing testimony during overnight recesses to provide effective assistance of counsel.
- Banning those discussions can chill necessary advice like pleading decisions, evidentiary compliance, and perjury prevention.
Prefer Cross-Exam Or Scheduling Over Bans
- To deter impermissible coaching, use cross-examination or adjust the trial schedule rather than blanket bans on discussion.
- Delay the overnight recess if the court fears coaching instead of restricting counsel-client talk.
Perry Separates Short Recesses From Overnight Ones
- Perry distinguishes brief daytime recesses from overnight ones, giving defendants unrestricted access to counsel overnight.
- That rule recognizes overnight recesses as traditional times for intense strategizing and advice.