Villarreal v. Texas

Justia · Docket · oyez.org

Argued on Oct 6, 2025.

Petitioner: David Asa Villarreal.
Respondent: State of Texas.

Advocates:

• Stuart Banner (for the Petitioner)

Facts of the case (from oyez.org)

David Asa Villarreal was charged with murder in Bexar County, Texas. During his trial, Villarreal took the stand in his own defense shortly before a planned midday recess. Because Villarreal was still in the middle of his direct examination when the court adjourned for an overnight recess, the trial judge instructed his attorneys not to confer with him regarding his ongoing testimony but permitted them to discuss other trial-related matters. Villarreal’s lead counsel objected to this limitation under the Sixth Amendment but otherwise indicated understanding of the court's directive. The next day, Villarreal resumed his testimony, and no further objections about the limitation were raised. Villarreal was ultimately convicted and sentenced to sixty years in prison.

Following his conviction, Villarreal appealed, arguing that the trial court’s restriction violated his Sixth Amendment right to counsel. A divided appeals court affirmed his conviction, and Villarreal petitioned for discretionary review, and the Court of Criminal Appeals of Texas held that the trial judge’s limited no-conferral order did not violate Villarreal’s Sixth Amendment right to counsel.

Question

Does a trial court violate a defendant’s Sixth Amendment right to counsel by preventing the defendant and his lawyer from discussing the defendant’s testimony during an overnight break in the trial?