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.