Elizabeth Franklin-Best

Appellate lawyer

Elizabeth Franklin-Best, a criminal appellate lawyer seeking freedom for her clients.  Focused exclusively on criminal appeals in both state and federal courts.

US v. Savage, No. 16-4704 (4th Cir., filed 3/12/18): Interplay of Jencks Act and Brady Material Showings and When District Court Must Hold In Camera Hearing

March 15th, 2018
Elizabeth Franklin-Best

Trial counsel needs to lay a foundation or make 'plausible showing' before Court will gig federal district court for not holding in camera review of government materials. This is a fairly lengthy opinion, but there's one part of it that I want to focus on, which is the showing that counsel must make in order to compel a district court judge to review pote

US v. Damian Phillips & $200,000 (4th Cir., filed 2/21/18): Fourth Circuit Decides Appropriate Test for Third-Party Standing in Civil Forfeiture cases.

March 6th, 2018
Elizabeth Franklin-Best

Government pockets $200K without even having to swear out a warrant. Another infuriating civil forfeiture case, here the Government seized $200,000 located in a storage unit even though there were no charges filed, or any investigation conducted.  A police dog alerted on a storage unit.  No drugs were found, but $200,000 was present in 12 vacuum-sealed plastic b