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.

US v. Damian Phillips & $200,000 (4th Cir., filed 2/21/18): Fourth Circuit Decides Appropriate Test for Third-Party Standing in Civil Forfeiture cases.

Government pockets $200K without even having to swear out a warrant. Another infuriating civil forfeiture case, here the Government seized...

US v. Damian Phillips & $200,000 (4th Cir., filed 2/21/18): Fourth Circuit Decides Appropriate Test for Third-Party Standing in Civil Forfeiture cases.

Government pockets $200K without even having to swear out a warrant. Another infuriating civil forfeiture case, here the Government seized...

Stephen Smalls v. State of South Carolina, filed 2/7/18: South Carolina Supreme Court Reverses Conviction Finding that COA Did Not Properly Assess State’s Evidence of Guilt. Also, Court Clarifies It Reviews PCR Legal Conclusion De Novo.

Important case for the Bench and Bar— Court clarifies its standard of review for PCR court conclusions of law, and...

State v. Justin Johnson, SC Court of Appeals, filed 1/31/18: Court of Appeals Addresses Sympathy Photographs and Cops using Skype.

  A particularly brutal double murder ostensibly justifies finding significant errors to be harmless. The opinion details the horrifying and...

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

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

Private business information taken by the defendant to profit deemed confidential business information which created a property right created by...

United States v. Crabtree, 11th Circuit, filed 1/3/18: Fraud and Double Jeopardy Clause, Dismissed Juror, Jury Charges

Defendants’ conviction of Medicare fraud was upheld, after finding that an acquittal of one crime did not necessarily elicit a...

US v. Castaneda-Pozo, 11th Cir., filed 12/19/17; Sentencing Issues for Fraud Convictions; Intended Loss and Substantial Financial Hardship

The Eleventh Circuit finds not-entirely-credible testimony of co-defendants sufficient to support making defendant entirely liable for intended loss, and substantial...

United States v. Blue, 4th Cir., filed 12/12/17: Vacate and Remand on Sentencing Issue; Judge did not adequately consider Blue’s non-frivolous arguments in favor of downward departure

The Fourth Circuit finds sentence procedurally unreasonable when district court did not adequately address a defendant’s nonfrivolous arguments that he...

US v. Diaz, 9th Cir., filed 12/6/17: The Limits (or Not!) of Expert Witness Testimony in White Collar Criminal Case

I find this opinion disturbing because I think too often government expert witnesses are allowed too free rein in their...

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

Abolishment of joint and several liability for forfeitures pursuant to §853(a)(1) of the Comprehensive Forfeiture Act of 1984. The defendants...