Villarreal v. Texas · ¶26

Geders explicitly reserved judgment regarding the constitutionality of a shorter conferral restriction, like one governing “a brief routine recess during the trial day.” Id., at 89, n. 2. But when that question arose 13 years later in Perry, we upheld the restriction, emphasizing a defendant's shift in status when he takes the stand. “[B]efore he begins to testify,” we reasoned, a defendant “has an absolute right” to consult with his lawyer. 488 U. S., at 281. When he becomes a witness, however, a competing duty arises: the duty to advance “the truth-seeking function of the trial.” Id., at 282. That function, we explained, is best served when testimony is unaided by “an opportunity to consult with third parties,” such as lawyers, about the course of one's testimony once it has begun. Ibid.

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