Villarreal v. Texas · ¶27

Then, Perry made a key observation: As a practical matter, a truth-undermining consultation is exactly the kind of communication likely to happen during a brief daytime recess. That is, during a brief recess, “there is a virtual certainty that any conversation between the witness and the lawyer would relate to the ongoing testimony.” Id., at 283– 284. Notably, this fact differentiated the Perry recess from the Geders one. When (as in Geders) the recess stretches overnight, the discussion will likely “encompass matters that go beyond the content of the defendant's own testimony— matters that the defendant does have a constitutional right to discuss with his lawyer, such as the availability of other witnesses, trial tactics, or even the possibility of negotiating a plea bargain.” Perry, 488 U. S., at 284.

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