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.

Blog

Nicandor Rodriguez v. Bush, Appellate No. 14-7297, 15-6716 (4th Cir, filed Nov. 23, 2016), Federal Habeas Loss b/c No Fed Right to Plea

November 29th, 2016
Elizabeth Franklin-Best

Before Rodriguez’s state criminal trial, the trial judge rejected a plea agreement between him and the Solicitor.  The judge gave no other reason other than stating he “was ready to try a case.”  Trial counsel did not object on the record.  Rodriguez’s claim is that trial counsel rendered IAC in failing to do so.  He sought federal habeas relief. After trial, Rodriguez received a 45-year sentence.  He filed for post-conviction rel

State v. Devin Johnson (App. Case No. 2014-766, filed Nov. 16, 2016) South Carolina Court of Appeals win on Jury Charge and Argument Claim!

November 28th, 2016
Elizabeth Franklin-Best

Outstanding advocacy by Susan Hackett of the Office of Indigent Defense!  This is an interesting case.  The victim was shot and killed.  Having given conflicting statements, the appellant ultimately admitted to being present at the scene with another person who was never identified. At the end of the evidence, the parties had a jury charge conference where they discussed which jury instructions would be given to the jurors.  The State requ

State v. Nathaniel Witherspoon, App. Case No. 2016-306, filed November 2, 2016), REVERSAL based on Improper Victim No-Corroboration Rule

November 18th, 2016
Elizabeth Franklin-Best

This case serves to remind the bench and bar that S.C. Code 16-3-657, which provides that in a sexual assault case the victim’s testimony need not be corroborated is confusing and an unconstitutional comment on the facts by the presiding judge. In State v. Stukes, 416 S.C. 493, 787 S.E.2d 480 (2016), the South Carolina Supreme Court expressly overruled precedent condoning the use of section 16-3-657 as a jury charge and provided that t

Dennis LeBlanc v. Randall Methena (4th Cir. November 7, 2016)“Meaningful” Chance at Parole for Juvenile LWOP’ers

November 7th, 2016
Elizabeth Franklin-Best

An update on this opinion out of the United States Supreme Court today, June 11, 2017.  Virginia , et al. v. Dennis LeBlanc, 582 U.S.___ (2017). Today the full Court, per curiam, reversed the Fourth Circuit because it found the Fourth Circuit did not accord the Virginia trial court's ruling, which was based on an earlier Virginia Supreme Court ruling, sufficient deference and because that ruling was not objectively unreasonable.  

State v. Alexander L. Hunsberger, A S.C. S. Ct. WIN on a Speedy Trial Issue! (filed October 12, 2016).

October 17th, 2016
Elizabeth Franklin-Best

Excellent work (of course) by Susan Hackett and Kat Hudgins. Although this is the published opinion, the Court also granted relief to this appellant’s brother who also raised the same issue. So, excellent result for both defendants. Too, read together with State v. Langford, 400 S.C. 421 (2012), cert denied 134 S. Ct. 60 (2013), it looks like our state courts are beginning to give these speedy trial issues the attention they h

Joseph Reddy v. Kelly, 2016 WL 5403918 (6th Cir., filed September 28, 2016). Non-capital Habeas Win on IAC Claim!

October 10th, 2016
Elizabeth Franklin-Best

Reddy was convicted of the aggravated murder of his mother.  At sentencing, Reddy’s lawyer asked the court to consider evidence that Reddy suffered from Post-Traumatic Stress Disorder (PTSD), which had not been offered at trial.  On appeal, Reddy argued that the evidence was insufficient to support his aggravated murder conviction, and that counsel was ineffective for failing to introduce the PTSD evidence at trial.  The Ohio appellate court

Sullivan v. Sec’y, Florida Department of Corrections (11th Cir. 9/20/16). Martinez Win in Non-Capital Habeas!

September 22nd, 2016
Elizabeth Franklin-Best

Excellent opinion for those of us keeping track of Martinez wins in federal district court!   A quick review of the case.  Sullivan was charged with sundry rather harmless offenses in Florida.  Drugs and a failure to stop for police officers. He had a one-day trial and was represented by a lawyer named Bollinger.  During the jury charge conference, the prosecutor asked that the jury be charged that voluntary intoxication is not a de

State v. Joshua William Porch, App. Case No. 2013-2531 (S. C. Ct. App., filed 8/3/16)

September 13th, 2016
Elizabeth Franklin-Best

The main issue in this Court of Appeals case is whether the trial court judge erred in failing to void the State’s arrest warrant pursuant to Franks v. Delaware, 438 U.S. 154 (1978). Franks generally stands for the proposition that cops can’t lie or omit material information in the affidavits they obtain from magistrate court judges. A bit of the history of this case, since I’ve actually had a personal interest in it. 

State v. Whitlee Jones, App. Case No. 2014-002123, An Important Win in the SC Supreme Court for the Castle Doctrine! (filed May 18, 2016)

September 13th, 2016
Elizabeth Franklin-Best

Striking a well-earned blow to the Ninth Circuit Solicitor’s Office’s argument that victims of criminal domestic violence should not be entitled to “stand their ground,” the South Carolina Supreme Court affirmed, in an unanimous opinion, that they are. Ms. Jones was indicted for murder after she stabbed her boyfriend in the house they shared. Ms. Jones argued pretrial that she should be granted immunity under the “Protection of Persons

State v. Theodore Manning, App. No. 2015-204, S.C. S. Ct, filed 9/7/16, or, Presumptively Innocent Defendants Get Same Due Process as Convicted Sex Offenders

September 13th, 2016
Elizabeth Franklin-Best

Not good news on the Castle Doctrine front and likely to promote additional litigation on the issue in every case where the issue arises. Manning shot his girlfriend who was in his house as an invitee. They argued. She was ultimately shot, but the circumstances of that shooting were the basis of the Castle Doctrine hearing that Manning sought before he was tried for murder (as an aside, this was a murder trial, but Manning was ultimately only