The Supreme Court appeared skeptical on Monday of arguments seeking to strike down the limitations a judge can place on what a lawyer can discuss with his client during an overnight recess while the client is in the middle of testifying.

The first case of the high court’s new term, Villarreal v. Texas , looks at whether David Villarreal’s Sixth Amendment right to a lawyer was violated by a judge’s order during his trial on murder charges not to discuss his testimony during an overnight recess while he was in the midst of providing testimony. Texas argues the trial judge’s rule fits with the high court’s precedents limiting attorney-client discussions of testimony during trial recesses, something lower courts in Texas have upheld leading up to the arguments before the justices.

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