Q: Is a witness giving testimony during trial permittted to converse with a witness that hasn't given testimony?
Both witnesses are for prosecution & were arresting officers on felony case being heard by jury. They were seen by defendant talking to one another in parking lot while court was in recess. Defense attorney was informed but said nothing to judge when court was back in session.
A: They should not be allowed to discuss anything related to their testimony.
Kiele Linroth Pace agrees with this answer
Assuming that The Rule had been invoked, and it almost always is, we look to chapter 36 of the Texas Code of Criminal Procedure which states:
Art. 36.06. INSTRUCTED BY THE COURT. Witnesses, when placed under rule, shall be instructed by the court that they are not to converse with each other or with any other person about the case, except by permission of the court, and that they are not to read any report of or comment upon the testimony in the case while under rule. The officer who attends the witnesses shall report to the court at once any violation of its instructions, and the party violating the same shall be punished for contempt of court.
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