Jennifer Ray's Legal Blog

Interrogatories, request for production, request for admissions, oh my

admin — Wed, 10 Feb 2010 20:27:02 +0000

Often clients resist my request to do discovery on their family law case. Discovery is a process available to attorneys so that they can find out information from the other side pertaining to their case. Discovery can sometimes be expensive, however, its benefits greatly outweigh the cost. If discovery requests are sent, the other side must produce or disclose all information that they intend to use in a trial setting and often leads to settlement because one side or both decide their legal position may not be as decisive as they had originally thought. Discovery requests typically are by request for disclosure, interrogatories, and request for production. However, an attorney can also submit a request for admissions (my personal favorite) as well. For most family law cases especially those involving custody disputes or large property divisions, it is an essential for proper representation.

Adultery in a custody battle

admin — Wed, 10 Feb 2010 20:25:20 +0000

Your spouse has a confirmed affair. One of you files for divorce and there are children involved. Both parents want to be named primary parent. Does the affair factor into a custody battle? The surprising answer is generally no. Of course, each case is different and based upon its own facts. But typically, in most courts, an affair only factors into a divorce for the division of the community estate rather than custody of the children. Most clients have a hard time swallowing this issue, but that has been this attorney’s experience in the counties in which I practice.

Swearingen appeal denied

admin — Wed, 10 Feb 2010 19:35:33 +0000

The Texas Courts of Criminal Appeals have denied a man his appeal seeking additional DNA evidence. Larry Ray Swearingen was convicted of killing a 19 year old college student in 1999 and dumping her body in Sam Houston National Forest. Swearingen sought to appeal the decision and requested additional DNA testing of the evidence. The court stated that even if it granted Swearingen’s request, the overwhelming evidence pointing to his guilt likely would not change the outcome of his judgment.

February 14th…I can’t wait

admin — Wed, 10 Feb 2010 19:14:08 +0000

I am anxiously awaiting February 14th…No, its not because its Valentine’s Day but rather its the Daytona 500! The Nascar racing season is upon us once again. I can’t wait to see how the drivers do, but especially my guy, Jimmy Johnson. He has now done the unheard of, winning four consecutive championships! No other driver in Nascar history has accomplished that feat! Go get ‘em Jimmy!!!

gaga

admin — Wed, 27 Jan 2010 22:03:01 +0000

Lady Gaga is all over the media these days. You can barely watch any entertainment show without some mention of her. In fact, it is reported that the most popular Halloween costume (for older kids and adults of course) was to dress up as Gaga. She is a very talented 23 year old artist, but her success has been unreal in a tough industry. I think part of it is the mystique that she has developed for herself and outrageous outfits and accessories. Everytime I see a picture of her she looks different! Its crazy, but it just seems to make me want to know more!

My girls are okay

admin — Wed, 27 Jan 2010 21:58:33 +0000

You may recall that my boston terriers were viciously mauled by a pitbull in December. The dogs were separately attacked on consecutive mornings that resulted in $1000.00 in vet bills within 24 hours. I was devastated. However, the girls have healed up nicely with the exception of one gash on Chloe’s neck that still remains unhealed. When I called Montgomery County Animal Control to advise of the attack and report the dog, I was told that my identity would not be kept confidential if the dog owner requested my name and address. They stated they would have to divulge the information. Of course, to keep neighborhood peace and peace of mind, I forewent the report.

Ohio mom taking son’s school to court

admin — Wed, 27 Jan 2010 21:54:49 +0000

An Ohio mother has sued her son’s teacher, teacher’s aide, principal, school district and superintendent. The teacher and her aide allegedly tied her eleven year old son’s long hair into pigtails and encouraged other students to ridicule him. The lawsuit seeks unspecified damages and accuses school officials of violating her son’s constitutional rights and inflicting emotional distress.

Houston pastor accused of domestic violence

admin — Wed, 27 Jan 2010 21:50:40 +0000

A North Houston pastor has been charged with domestic violence. James Wallace Dixon has been charged with assault on a family member. Dixon allegedly pushed his wife and carried one of his children out to his car. The wife stood in front of the car to prevent him from leaving with the child. Dixon then allegedly grabbed his wife and threw back inside the house. This is charge is a misdemeanor crime in Harris County.

Merry Christmas and Happy New Year

admin — Tue, 29 Dec 2009 21:19:52 +0000

I sincerely hope that everyone had a holly jolly Christmas!!! I still can’t believe Christmas has, yet again, come and gone. Where does the time go??? I can also report the Garg & Associates Dave & Buster Christmas Party was a blast! What’s better than good food, good friends, drinks, and video games! But anyways, I hope everyone has a Happy and Safe New Year’s Eve! 2010 is “THE” year, I feel it in my bones! See you all next year!

Meth Lab Fire

admin — Tue, 29 Dec 2009 21:15:44 +0000

A residential fire in east Montgomery County led to the discovery of a methamphetamine manufacturing operation. Two suspects were arrested and taken into custody by the Montgomery County Sheriff’s Special Investigations Unit. Brandon Eric Wilson, 44, and Megan Michelle Dirk, 23, were charged with possession of more than 200 grams of a controlled substance. Each faces first degree felony charges. The fire department was called to what was believed a residential fire, but upon investigation turned into a working meth lab. Filters, plastic hoses, acids, bases, solvents, and psuedoephedrine packaging where found in the home. Officials report that there have been several recent fires that indicated drug manufacturing but alarmingly also reports that they are seeing a change in methods and chemicals.