In re Samantha LozanoAppeal from 288th Judicial District Court of Bexar County (dissenting memorandum opinion )
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Fourth Court of Appeals San Antonio, Texas DISSENTING OPINION No. 04-13-00848-CV IN RE Samantha LOZANO, Original Mandamus Proceeding 1 Opinion by: Rebeca C. Martinez, Justice Dissenting Opinion by: Luz Elena D. Chapa, Justice Sitting: Karen Angelini, Justice Rebeca C. Martinez, Justice Luz Elena D. Chapa, Justice Delivered and Filed: December 20, 2013 This case involves the best interest of a four-year-old child and the extent to which a parent with an established history of drug abuse, including heroin, will have unrestricted and unsupervised possession of the child. Because of the nature of the case, I believe the trial court should have ordered the records produced and conducted an in camera inspection to determine whether the records were relevant to a determination of the child s best interest. I therefore respectfully dissent to the summary denial of the petition for a writ of mandamus. Luz Elena D. Chapa, Justice 1 This proceeding arises out of Cause No. 2010EM500779, styled In the Interest of M.A.J., A Child, pending in the 288th Judicial District Court, Bexar County, Texas, the Honorable Barbara Hanson Nellermoe presiding.
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