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Sixth Amendment – May a Trial Court Prohibit Defendant and Counsel from Discussing Defendant’s Testimony During an Overnight Recess.

Case Name: Villarreal v. Texas (2026) 607 U.S. 465 [146 S.Ct. 756]
Case #: 24-557
Last Updated: February 25, 2026

Whether a trial court abridges a defendant’s Sixth Amendment right to counsel by prohibiting the defendant and his counsel from discussing the defendant’s testimony during an overnight recess.

Held: 

A qualified conferral order that prohibits only discussion of the defendant’s testimony for its own sake during a midtestimony overnight recess permissibly balances the defendant’s Sixth Amendment right to counsel against the burden of offering unaltered trial testimony and does not violate the Constitution.

This case was decided on Feb. 25, 2026. The opinion was authored by J. Jackson.