Court rules criminal defendants may be prohibited from discussing ongoing testimony with counsel during an overnight recess
SCOTUSblog
by Evan LeeFebruary 26, 2026
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The U.S. Supreme Court has ruled that criminal defendants can be barred from discussing their ongoing testimony with their attorneys during an overnight recess in a trial, except when such discussions pertain to trial strategy or plea bargains. This decision was made in the case of Villarreal v. Texas, where Aaron Villarreal, on trial for murder, was prohibited by the judge from speaking about his testimony with his lawyer overnight. The Court upheld this ruling, emphasizing that while defendants have a right to strategic advice, they must not discuss their testimony in a way that could influence future testimony.
The case arose when Villarreal took the stand in his defense and, after an hour of testimony, the court recessed for the day with an order restricting him from discussing his statements with his lawyer. Villarreal was convicted of murder, and
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Originally published on SCOTUSblog on 2/26/2026