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.

Yancey Thompson v. State, S.C. Supreme Court, filed 3/21/18: South Carolina Supreme Court Continues to Monitor PCR Cases Closely

March 28th, 2018
Elizabeth Franklin-Best

Once again the South Carolina Supreme Court has reversed a PCR case, finding that the PCR Court did not properly assess the prejudice prong of Strickland v. Washington, 466 U.S. 668 (1984).  The Court is clearly taking longer and harder looks at this legal vehicle, and that's a great thing for criminal justice in South Carolina.   This was a criminal sexual misconduct case, and the State used their standard playbook.  It cal

US v. Taison McCollum, No. 17-4296 (4th Cir., filed 3/20/18): Conspiracy to Commit Murder in Aid of Racketeering Not So Violent-y.

March 23rd, 2018
Elizabeth Franklin-Best

Remand for Re-Sentencing After Categorical Approach Reveals Conspiracy to Commit Murder in Aid of Racketeering is not "Crime of Violence."   So no one is particularly happy about this opinion . . . except Mr. McCollum.  The majority was "reluctant" to vacate the sentence, Judge Traxler's concurrence essentially asks either Congress or the United States Su