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. Dupree, Lewis et al, 2nd Cir., filed August Term: Failure of Indictment to Allege Drug Quantity, Admissibility of Other Bad Act Evidence.

Not a very helpful case for defendants charged with serious drug trafficking conspiracies, but important to know nonetheless. This case...

US v. Griffith, Cir. D.C., filed August 18, 2017: Exceptionally Strong 4th Amendment Opinion; Great News for Privacy and Electronic Devices

This is an exceptional opinion on an issue of ever-expanding importance, the protections afforded to electronic devices while law enforcement...

Tanner v. Yukins, 6th Cir., filed 8/15/17: Habeas WIN on a sufficiency of the evidence claim.

I feel like I’ve seen a unicorn.  Wins like this are so extraordinarily rare that they’re definitely worth studying.   Initially,...

State v. Stanley Lamar Wrapp, S.C. Ct. App., filed 8/17/17: REVERSAL Due to Lack of Notice that Trial Would Be Held in Absentia

An excellent and fair opinion from the Court of Appeals on an issue that, for whatever reason, never goes away. ...

United States v. Chamberlain (4th Cir., 8/18/17) Fourth Circuit Abrogates Rule Allowing Forfeiture of Substitute Assets Pre-trial.

A very good and well-reasoned opinion on this important issue.  The full panel (en banc) abrogated its unique rule that...

Renwick Mose v. State of SC, SCSCt, filed 8/16/17: Equitable Tolling of Statute of Limitations for Inmates Who Rely on Prison Mail System

An excellent and eminently fair outcome in this South Carolina Supreme Court case, especially given the total wreck that is...

US v. Hemza Lefsih, 4th Cir., filed 8/14/17: Improper Judicial Comments Results in Reversal of Immigration Fraud Conviction

Holy cow, what a case.  Lefsih is an Algerian native who entered the country through the Diversity Immigrant Visa Program,...

US v. Noe Juarez, 5th Cir., filed 8/7/17: Dirty Cop Gets Resentencing; 404(b) Evidence, Deliberate Ignorance Instruction, and Body-Armor Enhancement.

Mr. Juarez was a 20-year veteran of the Houston police when he was indicted.  Whew-boy.  And this is what he...

United States v. Risha, 445 F.3d 298 (3rd Cir. 2006): An Oldie but Goodie, Plus This Case Makes Me Really Happy

I’m dealing with an issue in an on-going criminal appeal that led to me to this little gem of a...

US v. Burke (11th Cir, filed 7/19/17): Circuit split– When federal sentence is vacated, what constitutes “prior sentence”?

The Eleventh Circuit, in this opinion, notes a circuit split between the First Circuit Court of Appeals, and the Eighth...