Thompson v. State

In Thompson v. State, 93 S.W.3d 16, 22 (Tex. Crim. App. 2001), cert. denied, 540 U.S. 937, 157 L. Ed. 2d 249, 124 S. Ct. 60, 72 U.S.L.W. 3246 (2003) an inmate approached law enforcement about a defendant's attempts to solicit the murder of a person who was a prospective witness in the defendant's upcoming capital-murder trial. The inmate informed a sheriff's deputy that the defendant was looking for someone to retrieve a gun and give it to an accomplice who would carry out the murder. The sheriff's deputy instructed the inmate to direct the defendant toward Gary Johnson, an undercover investigator who would pose as someone who could retrieve the gun. The inmate followed these instructions and the defendant met with Johnson. The conversation between the defendant and Johnson was surreptitiously recorded. Reversing and remanding for a new punishment hearing, the Court held that the tape recording was erroneously admitted. Id. at 28-29. The Court remarked, however, that the information obtained by the inmate "before the inmate became an agent for the State was admissible." Id. at 28.