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.

Burgess v. United States, 11th Cir., filed 11/6/17, Court Vacates §2255 Denial When Judge Sua Sponte Raises Procedural Bar

The 11th Circuit holds that Court cannot invoke a procedural bar, on its own accord, to deny a petitioner’s claim...

United States v. Walton, 7th Cir., filed 11/3/17: Honest Services Fraud, and Enhancements for Sensitive Position and Vulnerable Victims

This appeal arises from the conviction of two men who were part of a larger scheme to sell properties owned...

United States v. Palin, 4th Cir., filed 10/30/17: A Case Addressing Materiality in Light of United Health Services, Inc.

The Fourth Circuit rejects claim that Universal Health establishes a “new standard of materiality” but finds that even if it...

Sawyer v. United States, 2017 WL 4700089 (7th Cir, unpublished, 10/20/17): Evidentiary Hearing Required Even If Petitioner’s Claims Are Self-Serving.

This case serves as a very good reminder of a petitioner’s burden in a habeas petition, and the Court’s proper...

SEC v. Kahlon, 5th Cir., filed 10/16/17: Court Upholds Lower Court’s Penalty of Permanent Injunction from Trading Penny Stocks.

The Court held the Appellants violated SEC regulations by improperly selling and trading penny stocks in Texas, a state with...

United States v. Skelos, 2nd Cir.,filed 9/26/17: Reversal for Erroneous “Official Acts” Jury Instruction.

Applying the United States Supreme Court’s recent decision in McDonnell, the Second Circuit vacates convictions of two co-defendants based on...

US v. Vergil George, 11th Cir., filed October 6, 2017: Defendant entitled to resentencing when district court failed to allow him to allocate before imposition of sentence.

The Eleventh Circuit remands for re-sentencing when the judge did not provide George an opportunity to speak on his own...

Gray v. Ballard, 4th Cir., filed 2/8/17: When Newly-Discovered DNA Evidence is “Timely” for Tolling under AEDPA. Not Good News for Habeas Petitioners

The State’s successful suppression of Brady material in connection with a scandal in the West Virginia State Police Crime Laboratory...

United States v. Cedric Hayes, 7th Circuit, filed October 3, 2017: Enhancement Due to “Altered or Obliterated” Serial Numbers on Firearms

This opinion addresses the extent to which a serial number on a firearm must be altered so that the 2K2.1(b)(4)(B)...

US v. $31,000 in US Currency, et al. (6th Circuit, filed 9/20/17), In this Asset Forfeiture Case, the Court Finds Dismissal of Challenge to Forfeiture Improper when Claimants Have Article III and Statutory Standing to Challenge. Also, Wow! The Government Arrogance in Just Taking Shit That Doesn’t Belong to Them and Then Complaining About It.

It is unbelievable to me how utterly arrogant and entitled the federal government is when it comes to taking property...