Tuesday, March 4, 2008
In a 21 page opinion, the district court denied Olis' pending motions - but the government now has to respond to the 2255 motion.
- The court was not persuaded that Olis had a substantial constitutional claim with a "high probability of success" or that '"extraordinary or exceptional circumstances exist which make the grant of bail necessary to make the habeas remedy effective." Thus, his release on bail was denied.
- The court also denied his motion for discovery.
- Finally the court denied the filing of an amicus brief by Professor Robert Weisberg. The court states that "because the court is not persuaded that the amici curiae brief that Weisberg seeks to file would be useful or otherwise necessary to the administration of justice, the motion for leave to file amici curiae brief will be denied."
The court sets the timetable for the filing of the government's answer to the 2255 motion and for Olis' response to the government answer. This round clearly goes to the government.
Opinion - Download march32008.pdf