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Elizabeth Franklin-Best

Appellate lawyer

Elizabeth Franklin-Best, a criminal appellate lawyer seeking freedom for her clients.  Follow my blog!

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

November 16th, 2017
Elizabeth Franklin-Best

The 11th Circuit holds that Court cannot invoke a procedural bar, on its own accord, to deny a petitioner's claim in a federal post-conviction action. The petitioner here pleaded guilty to wire fraud and money laundering.  As part of this plea agreement, he did what every other defendant is unfairly forced to do-- he waived his right to appeal, which also included his right to collaterally challenge his conviction (except as

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

November 7th, 2017
Elizabeth Franklin-Best

This appeal arises from the conviction of two men who were part of a larger scheme to sell properties owned by the Indianapolis Land Bank to selected non-profits at incredibly low rates, and then resold to private purchasers for profit. Kickbacks ensued. Walton was the manager of the Land Bank, a public agency that was authorized to acquire distressed properties.  Walton’s position gave him the authority to buy and sell the property, with litt

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