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.

Category: Brady

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?

June 6th, 2018
Elizabeth Franklin-Best

In Scott v. U.S., the Eleventh Circuit Court of Appeals held that, when a petitioner has previously filed a post-conviction relief claim under 28 U.S.C. § 2254 or 2255, he is barred from filing another petition even when the government withheld Brady material until after the first petition was filed… The Court spent most of the opinion explaining why Scott does have a claim that should be heard by the Courts and why it would have bee

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