In Re: Evan Lowenstein--Appeal from 339th District Court of Harris County

Petition for Writ of Mandamus Denied and Memorandum Opinion filed July 12, 2005.

In The

Fourteenth Court of Appeals

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NO. 14-05-00643-CV

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IN RE EVAN LOEWENSTEIN, Relator

ORIGINAL PROCEEDING

WRIT OF MANDAMUS

M E M O R A N D U M O P I N I O N

On June 27, 2005, relator filed a petition for writ of mandamus in this court. See Tex. Gov=t. Code Ann. ' 22.221 (Vernon 2004); see also Tex. R. App. P. 52. In his petition, relator requested mandamus relief against the Honorable Lamar McCorkle, presiding judge of the 133rd District Court in Harris County, sitting as ancillary judge in the underlying civil forfeiture action styled The State of Texas v. Approximately $1,080,000.00, filed under cause number 2005-33726 in the 165th District Court of Harris County, Texas. Relator is charged with engaging in organized criminal activity in connection with prostitution. The funds that are the subject of the forfeiture action were seized from relator=s home pursuant to a search warrant. Relator filed an emergency motion for the release of limited funds to pay living expenses and attorney=s fees. At the conclusion of a hearing conducted June 13-14, 2005, the court denied relator=s motion. In relator=s petition for writ of mandamus, he seeks to have this court compel the trial judge to order the release of limited funds, or alternatively, to require the State to have an adversarial hearing to establish whether the funds are the proceeds of criminal activity. Relator also filed an emergency motion for expedited relief.

Relator has not established that he is entitled to mandamus relief. Accordingly, we deny relator=s petition for writ of mandamus and his motion for expedited relief.

PER CURIAM

Petition Denied and Memorandum Opinion filed July 12, 2005.

Panel consists of Chief Justice Hedges and Justices Fowler and Frost.