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.

U.S. v. Shepard, Fourth Circuit Court of Appeals, Filed June 15, 2018: Re-Loading and the Vulnerable Victim Enhancement

In US v. Shepard, the Fourth Circuit Court of Appeals upheld the district court’s application of the “vulnerable victim sentencing...

State v. Brown, South Carolina Supreme Court, Filed June 13, 2018: No Search Warrant Necessary for an Abandoned Cell Phone

In State v. Brown, decided last week, the SC Supreme Court held that, when a burglar drops their cell phone...

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?

In Scott v. U.S., the Eleventh Circuit Court of Appeals held that, when a petitioner has previously filed a post-conviction...

State v. Greene, SC Supreme Court, Filed May 23, 2018: Involuntary Manslaughter Conviction Reversed but Homicide by Child Abuse Conviction Affirmed

State v. Greene, SC Supreme Court, Filed May 23, 2018: Involuntary Manslaughter Conviction Reversed but Homicide by Child Abuse Conviction Affirmed

Stephanie Greene began taking prescription medication after she was in a car wreck in 1998 – in an all-too-familiar story,...

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...