Doug Berman points out that Thursday was a busy day in New Orleans as the Fifth Circuit Court of Appeals issued over 160 published and unpublished decisions that appear mostly to involve rejection of various Booker sentencing claims. It’s safe to say that the release of that many decisions sets a federal appellate record for the number of opinions issued by a court on one day.
Lost amidst all that activity, however, is the fact that the Fifth Circuit still has not ruled on the appeal in the sad case of Jamie Olis, even though oral argument in that appeal occurred on January 30 of this year. And while that appeal has been pending, Mr. Olis has been moved — due to the absurd length of his 24 year sentence — from a minimum-security prison in Bastrop, Texas to a medium-security prison at Oakdale, La., where prison gangs are common and many prisoners are serving multiple life sentences.
The Fifth Circuit’s reputation in business cases took a serious hit with its Arthur Andersen decision, which was resoundingly rejected by a unanimous Supreme Court earlier this year. The Fifth Circuit has an opportunity to begin redeeming its reputation in business cases in the Olis appeal, but justice delayed is often justice denied. Here’s hoping that a decision in the Olis appeal is forthcoming any day now.
Houston's Clear Thinkers
Longtime Houston attorney Tom Kirkendall's observations on developments in law, business, medicine, culture, sports, and other matters of general interest to the Houston business, professional, and academic communities.
Anyone who looks at the Olis case will recognize that this truly is justice denied. This is the extreme of what can happen when people who are being targeted by manipulative and self interested prosecutors, dare to tell them they are wrong and claim their own innocence. The Olis prosecution and sentence certainly serves as a strong deterrence to anyone paying attention- a deterrence to citizens who dare to believe in the integrity of the justice system and who are reckless enough to consider claiming their supposed right to a fair trial. Every trial attorney knows that juries can get it wrong- they got it dead wrong in this case.
Like you, I sure hope the Fifth Circuit does the right thing and allows this innocent man to see his child grow up. Time is precious and it has been unjustly stolen from this man- he has suffered enough for not bowing to the Houston DOJ’s ruthless tactics and their political and personal agendas. He has been an example of what can go so wrong in this system for long enough. It is time to do the right thing.
Houston’s Clear ThinkersLongtime Houston attorney Tom Kirkendall’s observations on developments in law, business, politics, culture, sports, and other matters of general interest to the Houston business, legal, medical and professional communities.
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Hello everyone in the world of our justice system who are effected by the decission of the out come of my brother Jamie Olis. I know and God knows what a honest and humble man he is and what he stands for in our cruel,eveil,and suspesios world. It is very sad that we have to prove our innenence when it comes to money and power! But, we have to be proven without a dout when you commit murder. This being said,I went to visit my brother Jamie Olis in Oakdale Prison, I was treated as I was Guilty when the detector went off. I was handed a sheet of paper saying that I either came in contact or taken hard drugs. I said I do not even drink for dinner! They escorted me off the prison primisses rudely as if I was guilty. I explain to them that I have not seen Jamie Olis for six months because I live in Groingen,Netherlands.(My husband’s job.) No one could care what I felt. I continueed on to tell them that I have been traveling for eighteen hours by plane to San Antonio,Tx., then my sister-in-law,Monica and Josephene(not even two!), drove to oakdale which was seven hours. I cannot come back to see him until another six months. Not one person raised thier eye brows at me. I felt little of the feeling what my brother must be feeling in that type of place. I could not stop crying from my heart ache. I thought about how monica,Jamie’s wife and his baby girl, must be feeling! What about my Mom an Dad. They are over seventy years old and travling to see him almost every week. Imagine how empty they feel inside. One day their life was wonderful and proud of Jamie for his great achievements now their heart aches for him but still very proud of their only son. I am also a mother of two. Samantha is thirteen years old and Ryan is ten years old. My husband Steve and I celebrated our 17th year anniversary. I wish I could be there for my brother which I love and adore, but my place is with my family. I pray for him everyday and he is always in my thoughts. I know that Jamie Olis does not deserve 24yrs. in prison, nor does he deserve to be spending his days in medium secerity place not even for one more day. Can anyone see this matter for what he is and not what he should stand for? I know that God knows who Jamie is and what he stands for. Thank everyone that supports Jamie and his family and thank you for all the prayers. I LOVE MY BROTHER, SHEARL
Posted by Shearl Olis Johnson at August 22, 2005 05:48 AM
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I have known Jamie Olis and his sister Shearl since they were little kids. I truly don’t believe that Jamie would do anything illegal. He was always honest and a very good kid. I was very proud of him for going to college, getting a degree and getting married. To hear how he is being treated like as if he was a murderer or something is just downright wrong. He shouldn’t be in a medium security prison and I believe until decisions have been made he should be moved back to Bastrop, TX closer to his new daughter and wife. He would still be in a security prision and like I said he isn’t a Killer! What are we suppose to think of our judicial system to do this to a man and separate him from his family. You already took away is dignity and life. He is getting treated worse than a person that kills or rapes someone and why is that! There is definitely a problem with the judicial system and someone needs to look into that. What’s going to happen when they decide he is innocent and his little girl is grown up and hates the world because they took her daddy away when he really didn’t do anything? That is the problem with todays society from when we grew up. My prayers are with Jamie and all of his family. I have known Shearl most of my life and I can truly said that for her to be treated like a criminal was uncalled for. She has never done anything illegal and has always been a good friend and mother of two kids. Sorry that you had to be treated like you were. Again, something is definitely wrong with our world today!
There is no question about this, we need to let Jamie Olis loose. Jamie hired me at my present company, Dynegy in June 2002. Could not have been happier knowing I would be working for him. I only received positive feedback from the people at this company. Jamie worked harder than anyone I have ever seen. He was a good boss, employee, friend, son, husband and father. Jamie is not a criminal. That’s quite evident if you look at his record. All he wanted was the entire truth to be in the open. Had he lied, he would not be behind bars. Until this day, he’s still very much respected. We will continue to pray for Jamie and his family. He needs to be out and working as he has always been. Point the finger to the ones above him. We will all find peace within us when the real truth is in the open.
Rosanna