TBA Law Blog

TBA Law Blog

Supreme Court Allows Limits for Clients Testifying at Trial

Posted by: Azya Thornton on Mar 16, 2026
News Type: U.S. Supreme Court

The U.S. Supreme Court unanimously ruled Feb. 25 that trial judges may prohibit a defendant and their attorney from discussing the defendant’s ongoing testimony during an overnight recess, while still allowing discussions on other matters such as trial strategy or plea negotiations, Bloomberg Law reports. The case arose from the Texas murder trial of David Villarreal, whose testimony as the defense’s only witness was paused for a 24-hour recess during which the judge instructed attorneys not to “manage his testimony,” though other discussions were permitted. Writing for the court, Justice Ketanji Brown Jackson said the restriction strikes a balance between a defendant’s Sixth Amendment right to the assistance and advice of counsel and and a defendant’s responsibility when they become a witness to offer sworn testimony that is free of any improper influence. The court affirmed the Texas Court of Criminal Appeals’ decision upholding the order, concluding that judges may impose limited restrictions on discussions about testimony itself while a defendant remains on the stand.

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