Villarreal v. Texas · ¶73

Petitioner David Villarreal was charged with murder and tried in Texas state court. Villarreal took the stand to testify in his own defense. While Villarreal was still on direct examination, the judge had to recess trial for the day due to a scheduling confict. Ordinarily, a witness cannot consult with counsel during his testimony. See Perry, 488 U. S., at 281–282, and nn. 4–5; Geders, 425 U. S., at 87. The trial judge therefore instructed Villarreal's counsel not to discuss Villarreal's testimony overnight. But his order allowed Villarreal to confer with counsel about matters other than his ongoing testimony: “THE COURT: Normally your lawyer couldn't come up and confer with you about your testimony in the middle of the trial and in the middle of having the jury hear your testimony. And so I'd like to tell you that you can't confer with your attorney but [at] the same time you have a…

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