Fifth Circuit Vacates Conviction For Denial of Access to Counsel During Overnight Recess

On the last night before the end of a trial, the defendant takes the stand at 7:13 PM alerting the judge it would take "several hours" to complete direct. At 8:03, the judge dismissed the jury and recessed for the night, ordering the defendant not to speak to his attorney overnight. Defendant convicted and sentenced to 240 months. Fifth Circuit: Notwithstanding the risk of improper coaching, this violated the Sixth Amendment right to counsel. Simply put, "a trial court may not bar a testifying criminal defendant from all communication with his attorney during an overnight recess." And no, it does not matter defense counsel did not object. New trial.

The case is United States v. Torres, 20-50092 (5th Cir. May 19, 2021).