Villarreal v. Texas · ¶63

A trial judge could deal with this situation by allowing the defendant and counsel to confer but instructing them not to talk about the defendant's testimony. But the judge would have little ability to determine whether the defendant and counsel obeyed this instruction. The judge could not sit in on their conversation or later ask them what they said. Instead, the judge would have to rely heavily on the attorney's good faith. Although we may presume that most defense attorneys would try to follow the judge's instructions, our decision in Perry—holding that consultation during a short midtestimonial break may be completely barred—eliminates the danger of noncompliance.

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