I have some phone conversations of a Defendant that were recorded w/out his knowledge by a step-parent. The step parent is not a party to the conversations and some of them we don't know who the other party is - we just know the Defendant is talking. There is no state action and the step-parent did it to see what he was talking about on the phone and not done w/any aid or request by anyone associated with any prosecutor, police, or probation dept (or any other gov't office). Can I use them? if so, can you give me the predicate I need to lay and some case law? I appreciate the help.

I recommend you get a copy of TDCAA's confessions book. Has a section on such types of recordings. You may have a problem. Texas has an exclusionary rule that covers private citizen searches. There have been some interesting developments in that area at the CCA, but too complicated to provide an answer here.

Oh, and the new Predicate Questions Manual should be arriving on your desk, compliments of TDCAA.

Don't know your circumstances, but you are going to have to factor in both PC 16.02 and CCP Art 38.23. You may not want to go there.

check out this CCA case involving recording of conversation by a parent who was not a party to the conversation. Alameda v. State, 235 S.W.3d 217 (Tex. Crim. App. 2007).