Supreme Court of the United States · Official docket →
David Asa Villarreal v. Texas
Paid petition · Court of Criminal Appeals of Texas, No. PD-0048-20 · judgment October 9, 2024
Before the decision, about 6.2× the 4.1% base rate. The model weighted this up for a petition filed soon after the judgment below, counsel who has won certiorari before, and a circuit split argued in the petition, and down for a state or local-government respondent.
Question presented
Whether a trial court abridges the defendant's Sixth Amendment right to counsel by prohibiting the defendant and his counsel from discussing the defendant's testimony during an overnight recess.
Counsel of record
For petitioner
Stuart Banner
UCLA School of Law Supreme Court Clinic
For respondent
Andrew Nelson Warthen
Bexar County Criminal District Attorney's Office
Case
Conference history
Distributed for 3 conferences
Amicus briefs
7 merits
(5 supporting pet./neither, 2 respondent)
Argument & decision
Argued October 6, 2025 — Stuart Banner · Andrew N. Warthen. Audio and transcript
Decided February 25, 2026. Opinion by Jackson.
Proceedings
- Mar 30 2026Judgment and Mandate Issued.
- Feb 25 2026Adjudged to be AFFIRMED. Jackson, J., delivered the opinion of the Court, in which Roberts, C. J., and Alito, Sotomayor, Kagan, Kavanaugh, and Barrett, JJ., joined. Alito, J., filed a concurring opinion. Thomas, J., filed an opinion concurring in the judgment, in which Gorsuch, J., joined.
- Oct 06 2025Argued. For petitioner: Stuart Banner, Los Angeles, Cal. For respondent: Andrew N. Warthen, Assistant Criminal District Attorney, San Antonio, Tex.; and Kevin J. Barber, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.)
- Sep 05 2025Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
- Sep 02 2025CIRCULATED
- Aug 22 2025Record received electronically from the Court of Criminal Appeals of Texas and available with the Clerk.
- Aug 14 2025Reply of petitioner David Asa Villarreal filed.
- Aug 12 2025SET FOR ARGUMENT on Monday, October 6, 2025.
- Aug 12 2025Record requested from the Court of Criminal Appeals of Texas.
- Jul 22 2025Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
- Jul 22 2025Brief amicus curiae of United States in support of respondent filed.
- Jul 22 2025Brief amici curiae of Ohio, et al. filed.
- Jul 15 2025Brief of respondent Texas filed.
- Jun 10 2025Brief amici curiae of Retired Judges filed.
- Jun 10 2025Brief amici curiae of Legal Ethics Scholars filed.
- Jun 10 2025Brief amicus curiae of Constitutional Accountability Center filed.
- Jun 10 2025Brief amicus curiae of National Association of Criminal Defense Lawyers filed.
- Jun 03 2025Brief of petitioner David Asa Villarreal filed.
- Jun 02 2025Brief amicus curiae of National College for DUI Defense filed.
- May 05 2025Motion to dispense with printing the joint appendix filed by petitioner GRANTED.
- Apr 25 2025Motion to extend the time to file briefs on the merits granted. The time to file petitioner's brief on the merits is extended to and including June 3, 2025. The time to file respondent's brief on the merits is extended to and including July 15, 2025.
- Apr 08 2025Motion to dispense with printing the joint appendix filed by petitioner David Asa Villarreal.
- Apr 08 2025Motion for an extension of time to file the briefs on the merits filed.
- Apr 07 2025Petition GRANTED.
- Mar 31 2025DISTRIBUTED for Conference of 4/4/2025.
- Mar 12 2025DISTRIBUTED for Conference of 3/28/2025.
- Mar 07 2025Letter of respondent Texas filed.
- Mar 05 2025Reply of petitioner David Asa Villarreal filed.
- Feb 25 2025Brief of respondent Texas in opposition filed.
- Dec 31 2024Motion to extend the time to file a response is granted and the time is extended to and including February 26, 2025.
- Dec 30 2024Motion to extend the time to file a response from January 27, 2025 to February 26, 2025, submitted to The Clerk.
- Dec 27 2024Response Requested. (Due January 27, 2025)
- Dec 24 2024DISTRIBUTED for Conference of 1/10/2025.
- Dec 18 2024Waiver of right of respondent Texas to respond filed.
- Nov 13 2024Petition for a writ of certiorari filed. (Response due December 18, 2024)