Person makes & records a call from Texas to a state that does not allow one-party consent calls. Can the evidence be used?

Thanks for any ideas.

I'll take a shot. I think because of 38.23 the court will do a conflict-of-law analysis. I think this is a matter of substantive law. Issues "that are substantive in nature require an analysis of which state has the most significant relationship with the communication in question." Vega v. State, 84 S.W.3d 613, 616 (Tex. Crim. App. 2002).

You have a chance on that review. Larrison v. Larrison, 750 A.2d 895, 898 (Pa.Super. 2000) ("Here, New York possessed the greater interest in allowing its citizens to record telephone conversations lawfully with only the consent of the sender or receiver. While this Commonwealth has an interest in protecting its citizens from having telephone conversations recorded without proper consent, we, as the courts of this Commonwealth, have no power to control the activities that occur within a sister state. Timothy's sister did not violate any New York state law in obtaining the recording of the telephone conversation. Pennsylvania has no state interest in a recording of a telephone conversation placed to New York, even if the recording is later used in the Pennsylvania Courts."); but see Kearney v. Salomon Smith Barney, Inc., 137 P.3d 914 (Cal. 2006) (California's more restrictive telephone recording statute applies rather than Georgia's law).