Clouthier Law, PLLC Clouthier Law, PLLC 2020-04-29T08:04:36Z WordPress /wp-content/uploads/sites/160/2019/07/cropped-OG-Icon-215X215-32x32.png by susanclouthier <![CDATA[Appeal Deadlines are not Delayed During COVID-19 Pandemic]]> 2020-04-06T20:33:08Z 2020-04-06T20:33:08Z by susanclouthier <![CDATA[Clouthier Law Obtains Justice for a Client Wrongfully Incarcerated]]> 2020-03-20T19:48:57Z 2020-03-20T19:44:55Z “Susan is a gift from God!! I was wrongfully incarcerated. Within two hours (!) of reading Susan”s brief, the Appellate Court released me from jail. They found me to be innocent, cleared my record. . .Susan gave me my life back!! My family and I are forever grateful to her!” The attorneys at Clouthier Law are dedicated to helping those like Nicola obtain justice. The justice system is not perfect, and we want to help.]]> by susanclouthier <![CDATA[How do I appeal my federal sentence after U.S. v. Davis?]]> 2020-02-10T18:21:42Z 2020-02-10T18:21:42Z United States v. Davis, 139 S.Ct. 2319 (2019). In most Circuits, the new rule of law has been made retroactive to cases on collateral review. What does this mean for offenders who have been convicted of § 924(c)? 924(c) consists of two parts There are two clauses in 924(c) and only one part has been invalidated. Determining whether a conviction falls within the part of the statute that U.S. v. Davis struck down can be somewhat complicated. At the time of many convictions, the district court did not explicitly state which part of 924(c) a conviction was based. Is the underlying offense a “crime of violence”? To remain a crime of violence, the underlying conviction must have as an element, “the use, attempted use, or threatened use of physical force against the person or property of another.” The first step is to determine which elements are part of the underlying conviction. If the statute is indivisible, a categorical analysis is used on the language of the statute. If the statute is divisible, a modified categorical analysis is used to determine which elements the offender was convicted of. Once determined, the categorical analysis is used to determine whether the statute is a crime of violence. In the categorical analysis, you look at the minimum conduct the government must prove to obtain a conviction under the language of the statute. The particular details of the offense are not considered. If that minimum conduct requires the government prove an element of violence, then the underlying offense is a crime of violence and U.S. v. Davis does not apply. How do I go about challenging a past conviction for 924(c)? In federal court, there is a one year deadline for filing a post-conviction motion to vacate under 28 U.S.C. § 2255. However, when the Supreme Court issues a new rule of law made retroactive to cases on collateral review, the one year deadline starts over on the date the Supreme Court issues its ruling. Therefore, any challenges to past convictions for 924(c) must be filed on or before June 21, 2020 or the court will not consider them timely. The law is not as simple as it seems, and it is highly advisable to hire an attorney While seemingly straightforward, the case law is rather complicated for determining whether underlying convictions qualify as a crime of violence. Also, if not plead correctly, the court may dismiss the petition on procedural grounds. An experienced criminal appeals attorney can assist in filing the proper documents in order to effectively challenge a 924(c) conviction.]]> by susanclouthier <![CDATA[Why it is important to hire an attorney that focuses only on appeals]]> 2020-01-29T18:17:06Z 2020-01-29T18:17:06Z Trial Lawyers have different skills The skills required to effectively represent clients at the trial level and the appellate level are vastly different. Trials require skills for presenting argument in a courtroom. Furthermore, trial lawyers must have a strong courtroom presence and have the ability to gain the trust of a jury. Appellate Lawyers require unique skills specific to appeals On the other hand, appeals require a substantial amount of writing, intricate legal research and arguing difficult legal principals toward a panel of judges. Often times, the law is not clear, and the lawyer must creatively find ways to “poke holes” in the ruling of the trial court. Further, a strong appellate lawyer will challenge ambiguities in the law and try to make new law. This requires a drastically different skill set than preparing for trial. A jack of all trades is a master of none Trial and appellate work are entirely different types of practicing law, and both require continuous education to provide excellent representation to the client. What is required to be successful at either trial or appeals is so different that it is difficult to master both. Therefore, if your case is headed to the appellate court, it is better to find an attorney that focuses only on appeals.]]> by susanclouthier <![CDATA[Welcome To Clouthier Law’s Blog]]> 2020-01-29T18:25:08Z 2019-09-23T19:54:25Z