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In re Lozano

Court of Appeals of Texas, Fourth District, San Antonio

December 20, 2013

IN RE Samantha LOZANO

Original Mandamus Proceeding[1]

PETITION FOR WRIT OF MANDAMUS DENIED

Sitting: Karen Angelini, Justice Rebeca C. Martinez, Justice Luz Elena D. Chapa, Justice

Rebeca C. Martinez, Justice

On December 4, 2013, relator Samantha Lozano filed a petition for writ of mandamus and a motion for temporary relief seeking to stay the trial of the underlying suit for modification of a parent-child relationship order pending a ruling on the mandamus petition. The court has considered the petition for writ of mandamus and is of the opinion that relator is not entitled to the relief sought. Accordingly, the petition for writ of mandamus and the motion to stay the trial in the modification proceeding are denied. See Tex. R. App. P. 52.8(a).

Dissenting Opinion by: Luz Elena D. Chapa, Justice

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 ...


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