Villarreal v. Texas · ¶62

A break in the proceeding—either a short break during the trial day or an overnight recess—should not fundamentally alter the rule that the defendant must testify without coaching by counsel. That is why we have held that during a brief break a trial judge may prohibit all communications between the defendant and counsel. Perry v. Leeke, 488 U. S. 272, 281 (1989). In that situation, we observed, there was a “virtual certainty” that any communication between the defendant and his attorney would “relate to the ongoing testimony.” Id., at 283–284. When a defendant decides to take the stand, his testimony is a critical stage of the trial. If the jury comes away with a low opinion of his character or simply disbelieves his testimony, the chances of conviction increase, and if the jury forms a favorable opinion of the defendant and believes his testimony, he has a greater chance of acquittal.…

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