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Click here for the full text of this decision FACTS:This is a dissent from the denial of a petition for review. During a break in a continuing legal education seminar at a San Antonio hotel on July 10, 1997, four Houston city officials attending the seminar � Controller Lloyd Kelley, Deputy Controller William Stephens, Chief of Police C. O. Bradford, and police sergeant Ray Jordan � lounged beside a buffet table near a corner of a noisy courtyard, standing a foot or two apart, conversing quietly, but making no obvious effort to ensure that they could not be overheard. Two arm-lengths away, secretly recording them with a camera that looked like a pager, was a researcher for Houston ABC-TV affiliate KTRK, Steve Bivens. Stephens filed this action against KTRK, Dolcefino, Bivens, and others (collectively “KTRK”) on Aug. 26, 1999, four days before Kelley asserted his own time-barred wiretapping claims, and Jordan joined the action a month later. The trial court granted summary judgment for the defendants, and the court of appeals affirmed except for the plaintiffs’ wiretapping claim. DISSENT:Hecht, J., joined by Wainwright, J. “[T]he applicability of the discovery rule depends on the nature of the injury itself, not on the particular claimant’s circumstances. When a video recording has been broadcast on network television in the area in which the claimants reside, I doubt whether the existence of an audio component of the recording, though not broadcast, is inherently undiscoverable. We have emphasized that the discovery rule applies only in ‘rare cases.’ I question whether this is one of those cases. The issue is certainly worthy of this Court’s consideration. “KTRK also argues that Stephens and Jordan impliedly consented to being recorded because they had no objectively reasonable expectation of privacy in a crowded, public, hotel courtyard. . . . The standard for determining consent under the Anti-Wiretapping Act and its proper application are issues deserving of the Court’s attention.”

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