Villarreal v. Texas · ¶67

For example, consider what defense counsel could and could not properly say during an overnight break concerning the tactical decision whether to seek a plea deal. Counsel could say, “Let's discuss what plea terms you would be willing to agree to,” or, “We should seek a deal because there is a strong chance the jury will find you guilty.” But counsel could not say: “We will really need to secure a deal unless you clean up mistakes A, B, and C that you made today on the stand.” Nor could counsel say: “We will really need to secure some sort of deal unless, when you return to the stand tomorrow, you stop scowling, looking down, and making nervous gestures with your fngers.” Such efforts would constitute the sort of improper “coaching” that Geders does not allow. They would not be “incidental.” Ante, at 475, 478, and n. 5, 479.

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