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: Fifth Circuit Court of Appeals

U.S. v. Hager, 5th Circuit, filed 1/5/18: Fraud and Confidential Business Information

January 31st, 2018
Elizabeth Franklin-Best

Private business information taken by the defendant to profit deemed confidential business information which created a property right created by the mail and wire fraud statutes. The defendant, Hager, worked for Velocity Electronics, a company which distributed computer parts in Austin, Texas. By wrongfully using Velocity's confidential information, Hager profited $1.16 million over the course of 4 years. Hager set up a fake c

US v. Elliot, et al., 6th Circ., filed 11/30/17, Honeycutt Remand on Forfeiture Issue

December 5th, 2017
Elizabeth Franklin-Best

Abolishment of joint and several liability for forfeitures pursuant to §853(a)(1) of the Comprehensive Forfeiture Act of 1984. The defendants in this case were convicted of being participants, in varying roles, in a "pill mill" scheme. Located in Florida, they were indicted in the Eastern District of Kentucky for conspiracy to distribute oxycodone in that area.  As the government proved at trial, numerous purchasers of the o

United States v. Pleitez, 5th Cir., filed 11/22/17: Increase in Restitution Award Without the Assistance of Counsel Reversed; Restitution Increase “Critical Stage” of Criminal Proceeding.

November 29th, 2017
Elizabeth Franklin-Best

This is an interesting case addressing the fundamental right to an attorney at all "critical stages" of a trial proceeding. I don't believe I've seen this particular issue arise before, so it caught my attention. This is an immensely important decision for criminal defendants facing mandatory restitution obligations. Pleitez pleaded guilty to a number of charges that re