A 2nd Circuit panel has clarified the law on attorney-client communications during the defendant's ongoing testimony at trial. Addressing a case of first impression in the circuit related to witness coaching, the panel held that a "restriction on communication during a long recess can violate the Sixth Amendment even if the restriction bars discussion only of the defendant's testimony." The ruling hinged on the interpretation of two U.S. Supreme Court cases.
May 31, 2007 at 12:00 AM
1 minute read
The original version of this story was published on Law.Com
A federal appeals panel has clarified the law on attorney-client communications during the defendant’s ongoing testimony at trial.
Addressing a case of first impression in the 2nd U.S. Circuit Court of Appeals related to witness coaching, the panel held that a “restriction on communication during a long recess can violate the Sixth Amendment even if the restriction bars discussion only of the defendant’s testimony.”
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