Elizabeth Franklin-Best

Criminal Appellate Attorney

Elizabeth Franklin-Best is a criminal appellate lawyer in Columbia, South Carolina whose practice is focused exclusively on criminal appeals in both state and federal courts.

US v. Elliot, et al., 6th Circ., filed 11/30/17, Honeycutt Remand on Forfeiture Issue

Abolishment of joint and several liability for forfeitures pursuant to §853(a)(1) of the Comprehensive Forfeiture Act of 1984. The defendants...

United States v. Pleitez, 5th Cir., filed 11/22/17: Increase in Restitution Award Without the Assistance of Counsel Reversed; Restitution Increase “Critical Stage” of Criminal Proceeding.

This is an interesting case addressing the fundamental right to an attorney at all “critical stages” of a trial proceeding....

Burgess v. United States, 11th Cir., filed 11/6/17, Court Vacates §2255 Denial When Judge Sua Sponte Raises Procedural Bar

The 11th Circuit holds that Court cannot invoke a procedural bar, on its own accord, to deny a petitioner’s claim...

United States v. Walton, 7th Cir., filed 11/3/17: Honest Services Fraud, and Enhancements for Sensitive Position and Vulnerable Victims

This appeal arises from the conviction of two men who were part of a larger scheme to sell properties owned...

United States v. Palin, 4th Cir., filed 10/30/17: A Case Addressing Materiality in Light of United Health Services, Inc.

The Fourth Circuit rejects claim that Universal Health establishes a “new standard of materiality” but finds that even if it...

Sawyer v. United States, 2017 WL 4700089 (7th Cir, unpublished, 10/20/17): Evidentiary Hearing Required Even If Petitioner’s Claims Are Self-Serving.

This case serves as a very good reminder of a petitioner’s burden in a habeas petition, and the Court’s proper...

SEC v. Kahlon, 5th Cir., filed 10/16/17: Court Upholds Lower Court’s Penalty of Permanent Injunction from Trading Penny Stocks.

The Court held the Appellants violated SEC regulations by improperly selling and trading penny stocks in Texas, a state with...

United States v. Skelos, 2nd Cir.,filed 9/26/17: Reversal for Erroneous “Official Acts” Jury Instruction.

Applying the United States Supreme Court’s recent decision in McDonnell, the Second Circuit vacates convictions of two co-defendants based on...

US v. Vergil George, 11th Cir., filed October 6, 2017: Defendant entitled to resentencing when district court failed to allow him to allocate before imposition of sentence.

The Eleventh Circuit remands for re-sentencing when the judge did not provide George an opportunity to speak on his own...

Gray v. Ballard, 4th Cir., filed 2/8/17: When Newly-Discovered DNA Evidence is “Timely” for Tolling under AEDPA. Not Good News for Habeas Petitioners

The State’s successful suppression of Brady material in connection with a scandal in the West Virginia State Police Crime Laboratory...