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Journal allowed in court??

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Texas_P1

Member
What is the name of your state?TX

During our temp hearing I had a journal and a note she gave me years ago. My wife left these at the house after she moved out. My attny used it in court to show a pattern of her behavior and how she had purjured herself on the stand. By denying she was not diagnosed with anything but depression. This journal was from when she checked herself into a psych*** hospital for her condition (being drunk and missing for days, etc...) She was in the hospital for a week. In the journal she talks about how she was diag*** with bipolar/alcoholism. She talks about the fear and terror she has around the kids. How all she does is scream at them, etc... Anyways at our appeal hearing that was posponned till Feb her attrny has filed a motion to suppress the journal saying that it falls under doctor/client privliges as it was part of her therapy and that I came in possession of the journal by ?? bad means ??, or somesuch. What is the chance of it not being allowed in the appeal haering. It really has a lot of inside info as how she doesn't what to be a mom and all the demons she is fighting inside, etc...
 


LdiJ

Senior Member
Texas_P1 said:
What is the name of your state?TX

During our temp hearing I had a journal and a note she gave me years ago. My wife left these at the house after she moved out. My attny used it in court to show a pattern of her behavior and how she had purjured herself on the stand. By denying she was not diagnosed with anything but depression. This journal was from when she checked herself into a psych*** hospital for her condition (being drunk and missing for days, etc...) She was in the hospital for a week. In the journal she talks about how she was diag*** with bipolar/alcoholism. She talks about the fear and terror she has around the kids. How all she does is scream at them, etc... Anyways at our appeal hearing that was posponned till Feb her attrny has filed a motion to suppress the journal saying that it falls under doctor/client privliges as it was part of her therapy and that I came in possession of the journal by ?? bad means ??, or somesuch. What is the chance of it not being allowed in the appeal haering. It really has a lot of inside info as how she doesn't what to be a mom and all the demons she is fighting inside, etc...
It may be suppressed. It probably was part of her therapy and that might make it confidential. Its going to be up to the judge to decide.
 

seniorjudge

Senior Member
Texas_P1 said:
What is the name of your state?TX

During our temp hearing I had a journal and a note she gave me years ago. My wife left these at the house after she moved out. My attny used it in court to show a pattern of her behavior and how she had purjured herself on the stand. By denying she was not diagnosed with anything but depression. This journal was from when she checked herself into a psych*** hospital for her condition (being drunk and missing for days, etc...) She was in the hospital for a week. In the journal she talks about how she was diag*** with bipolar/alcoholism. She talks about the fear and terror she has around the kids. How all she does is scream at them, etc... Anyways at our appeal hearing that was posponned till Feb her attrny has filed a motion to suppress the journal saying that it falls under doctor/client privliges as it was part of her therapy and that I came in possession of the journal by ?? bad means ??, or somesuch. What is the chance of it not being allowed in the appeal haering. It really has a lot of inside info as how she doesn't what to be a mom and all the demons she is fighting inside, etc...


Even if it is allowed in to evidence, what purpose do you think it will serve?

If allowed into evidence, the judge may not give it a lot of weight or credibility.

(By the way, the doctor-client privilege does not apply here.)
 

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