State v. Fuller

The State has filed a motion for rehearing requesting that we reconsider our analysis concerning the admissibility of the testimony of Clark concerning statements made to him by the defendant while Clark was equipped with a transmitter. Upon further consideration we have concluded that our original opinion holding the testimony was admissible was in error.

At the time the statements were made, the defendant was confined in prison as a result of having been convicted and sentenced on other charges. Since Clark was acting as a police agent, this was custodial interrogation and the defendant was…