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.

Garren v. South Carolina, SC Supreme Court, filed 4/25/18: PCR Reversal of Grant of Relief When Lower Court Record Didn’t Support Judge Findings.

This is an important case for those pursuing PCR remedies, or representing PCR Applicants, because it makes clear some of...

US v. Scott C. Redman, 7th Cir., filed 4/17/18: Court affirms sentence for fake-doctor who used sophisticated means, recklessly endangered patients in bold, bold fraudulent scheme.

This is, in my opinion, one of the bolder, fraudulent schemes one could undertake, which may explain why it didn’t...

Yancey Thompson v. State, S.C. Supreme Court, filed 3/21/18: South Carolina Supreme Court Continues to Monitor PCR Cases Closely

Once again the South Carolina Supreme Court has reversed a PCR case, finding that the PCR Court did not properly...

US v. Taison McCollum, No. 17-4296 (4th Cir., filed 3/20/18): Conspiracy to Commit Murder in Aid of Racketeering Not So Violent-y.

Remand for Re-Sentencing After Categorical Approach Reveals Conspiracy to Commit Murder in Aid of Racketeering is not “Crime of Violence.”...

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

Trial counsel needs to lay a foundation or make ‘plausible showing’ before Court will gig federal district court for not...

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...