6.3.5 State Interference

• Library: Criminal Procedure in Practice (ABA) (2018 Ed.)

6.3.5 State Interference

In some circumstances, if the trial judge restricts defense counsel's ability to conduct the defense as desired, a constitutional challenge may surface. In several situations, the courts have found improper interference with the right to counsel. One occurred when the trial court did not allow the defendant to confer with the defense lawyer during an overnight recess in the defendant's testimony. While it may be appropriate to separate the defendant during a short recess in order to guard the integrity of the testimony, the Supreme Court held that a trial court may not sequester the defendant...