Geders v. United States

In Geders v. United States, 425 U.S. 80, 86, 47 L. Ed. 2d 592, 96 S. Ct. 1330 (1976), the United States Supreme Court recognized the trial court's discretionary power to sequester witnesses and held that where the defendant is the testifying witness, consultation during an overnight recess may be necessary to effectively prepare a defense. See id. at 87. The Court in Geders observed: The opposing counsel in the adversary system is not without weapons to cope with "coached" witnesses. A prosecutor may cross-examine a witness as to the extent of any "coaching" during a recess, subject, of course, to the control of the court. Skillful cross-examination could develop a record to be used in closing argument . . . raising questions as to the witness' credibility . . . .425 U.S. at 89-90.