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.

U.S. v. Dixon, Eleventh Circuit Court of Appeals; Filed August 24, 2018: What is a Conspiracy, Anyway?

In U.S. v. Dixon, the Eleventh Circuit denied a truckload of appellate issues for four defendants who were convicted of...

U.S. v. Bell, Fourth Circuit Court of Appeals, Filed August 28, 2018: Miranda, 404(b), CIs, and Mandatory Minimums

In U.S. v. Bell, the Fourth Circuit affirmed a 40-year mandatory minimum sentence for possession with intent to distribute heroin...

Maslonka v. Hoffner, Sixth Circuit Court of Appeals, Filed August 14, 2018: Absent Counsel is Not Ineffective Counsel

When you are charged with a crime, in state or federal court, you have the right to counsel – even...

U.S. v. Burfoot, Fourth Circuit Court of Appeals, Filed August 8, 2018: How Bribery Charges Become Conspiracy to Commit Wire Fraud

Earlier this month, the Fourth Circuit upheld a Norfolk City Council member’s convictions for wire fraud, extortion, conspiracy, and perjury....

State v. Otts, S.C. Court of Appeals, Filed June 17, 2018: The Best Offense is a Good Defense?

The best defense is a good offense. Wait, wait. I mean, the best offense is a good defense? In State...

U.S. v. Shepard, Fourth Circuit Court of Appeals, Filed June 15, 2018: Re-Loading and the Vulnerable Victim Enhancement

In US v. Shepard, the Fourth Circuit Court of Appeals upheld the district court’s application of the “vulnerable victim sentencing...

State v. Brown, South Carolina Supreme Court, Filed June 13, 2018: No Search Warrant Necessary for an Abandoned Cell Phone

In State v. Brown, decided last week, the SC Supreme Court held that, when a burglar drops their cell phone...

Scott v. U.S., Eleventh Circuit Court of Appeals, Filed May 23, 2018: Brady Claims are always “Second and Successive” Under the AEDPA… Or Are They?

In Scott v. U.S., the Eleventh Circuit Court of Appeals held that, when a petitioner has previously filed a post-conviction...

State v. Greene, SC Supreme Court, Filed May 23, 2018: Involuntary Manslaughter Conviction Reversed but Homicide by Child Abuse Conviction Affirmed

Stephanie Greene began taking prescription medication after she was in a car wreck in 1998 – in an all-too-familiar story,...

Garren v. South Carolina, SC Supreme Court, filed 4/25/18: PCR Reversal of Grant of Relief When Lower Court Record Didn’t Support Judge Findings.

This is an important case for those pursuing PCR remedies, or representing PCR Applicants, because it makes clear some of...