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Villarreal v. Texas

Docket No. Op. BelowArgument Opinion Vote Author Term
24-557 Tex. Crim. App. Oct 6, 2025 Feb 25, 2026 9-0 Jackson OT 2025

Holding: A trial court’s qualified conferral order that prohibits only discussion of the defendant’s testimony for its own sake during a mid-testimony overnight recess permissibly balances the defendant’s Sixth Amendment right to counsel against the burden of offering unaltered trial testimony and does not violate the Constitution.

Judgment: Affirmed, 9-0, in an opinion by Justice Jackson on February 25, 2026. Justice Alito wrote a concurring opinion. Justice Thomas wrote an opinion concurring in the judgment, joined by Justice Gorsuch.

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DateProceedings and Orders (key to color coding)
11/13/2024Petition for a writ of certiorari filed. (Response due December 18, 2024)
12/18/2024Waiver of right of respondent Texas to respond filed.
12/24/2024DISTRIBUTED for Conference of 1/10/2025.
12/27/2024Response Requested. (Due January 27, 2025)
12/30/2024Motion to extend the time to file a response from January 27, 2025 to February 26, 2025, submitted to The Clerk.
12/31/2024Motion to extend the time to file a response is granted and the time is extended to and including February 26, 2025.
02/25/2025Brief of respondent Texas in opposition filed.
03/05/2025Reply of petitioner David Asa Villarreal filed.
03/07/2025Letter of respondent Texas filed.
03/12/2025DISTRIBUTED for Conference of 3/28/2025.
03/31/2025DISTRIBUTED for Conference of 4/4/2025.
04/07/2025Petition GRANTED.
04/08/2025Motion to dispense with printing the joint appendix filed by petitioner David Asa Villarreal.
04/08/2025Motion for an extension of time to file the briefs on the merits filed.
04/25/2025Motion 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.
05/05/2025Motion to dispense with printing the joint appendix filed by petitioner GRANTED.
06/02/2025Brief amicus curiae of National College for DUI Defense filed.
06/03/2025Brief of petitioner David Asa Villarreal filed.
06/10/2025Brief amici curiae of Retired Judges filed.
06/10/2025Brief amici curiae of Legal Ethics Scholars filed.
06/10/2025Brief amicus curiae of Constitutional Accountability Center filed.
06/10/2025Brief amicus curiae of National Association of Criminal Defense Lawyers filed.
07/15/2025Brief of respondent Texas filed.
07/22/2025Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
07/22/2025Brief amicus curiae of United States in support of respondent filed.
07/22/2025Brief amici curiae of Ohio, et al. filed.
08/12/2025SET FOR ARGUMENT on Monday, October 6, 2025.
08/12/2025Record requested from the Court of Criminal Appeals of Texas.
08/14/2025Reply of petitioner David Asa Villarreal filed.
08/22/2025Record received electronically from the Court of Criminal Appeals of Texas and available with the Clerk.
09/02/2025CIRCULATED
09/05/2025Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
10/06/2025Argued. 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.)
02/25/2026Adjudged 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.