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Villarreal v. Texas · ¶43

Those protected topics are not insignifcant. Indeed, under the rule we announce, many topics a testifying defendant and his lawyer might discuss during a midtestimony overnight recess remain protected. No less than before or after his testimony, a defendant's access to advice about trial strategy remains essential to the collaborative enterprise that is criminal defense. See McCoy v. Louisiana, 584 U. S. 414, 421–424 (2018). We have long held that “ `[a]n accused is entitled to be assisted' ”—not merely directed—“ `by an attorney.' ” Kimmelman v. Morrison, 477 U. S. 365, 377 (1986) (quoting Strickland v. Washington, 466 U. S. 668, 685 (1984)).And just as lawyer advises client, so too does client advise lawyer: “More than merely allowing the defendant to participate in tactical decisions, consultation enables the lawyer to obtain factual information crucial to making them.” United States…
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