Villarreal v. Texas · ¶60

In considering the permissible scope of a defendant's mid- testimonial consultation, it is helpful to begin with the baseline situation in which a defendant completes both direct and cross-examination without any break in the proceedings. In that situation, the governing rules allow the jury to hear the defendant's story in his own words from his own mouth, not a version of that story scripted or choreographed by counsel. A defendant may not, for instance, sign and present to the jury a carefully crafted affidavit of events written by counsel. Nor may the defense show the jury a video in which the defendant recites a prepared statement. And when the defendant is on the stand, defense counsel cannot pass him notes or speak to him via an earpiece.

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