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.

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...

Browning v. Baker et al., 9th Circuit, filed 9/20/17: HABEAS WIN on Brady claim, and Trial Counsel Ineffectiveness re: Investigation.

It’s always stunning to see a win on habeas, so they’re important to analyze.  This opinion has a very strong...

United States v. Antonio Walter and Kenneth Bell, 7th Circuit, filed 8/29/17: REVERSAL based on Brady Violation

You have to love an opinion that starts off like this:             The Supreme Court’s decision in Brady v. Maryland,...

State v. Trenton Malik Barnes, filed 8/16/17, South Carolina Court of Appeals: Serious Issues Can Arise When Co-defendants Are Tried Together.

This was a terrible crime, and it’s hard to believe that fact didn’t enter into the Court’s rulings to find...

United States v. Ayika, 5th Cir. filed 9/14/16: Asset Forfeiture When Monies, Legitimate and Illegitimate, are Commingled, When Can the Government Seize Substitute Assets?

Ayika was indicted for, and then convicted of heath care fraud. There were two cases against him. The first case,...