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.

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...

US v. Carmen Johnson, _Fed. Appx. _ (2017), 2017 WL 1226100:  Asset Forfeiture and Its (Unconstitutional) Impact on Choice of Counsel

US v. Carmen Johnson, _Fed. Appx. _ (2017), 2017 WL 1226100: Asset Forfeiture and Its (Unconstitutional) Impact on Choice of Counsel

Although this case is unpublished, I’m focusing on it for a couple of reasons.  First of all, the counsel of...

US v. Christopher James Gill (11th Cir., 7/27/17): The Difference a Gun Can Make. Enhancement for Possession of Multiple Guns.

In this criminal appeal, Gill challenges the district court’s determination that he was in possession of 8 unlawful firearms, instead...

State v. Kareem Harry, S. C. S. Ct., filed 7/19/17: An Important Case on the “Hand of One, Hand of All” accessory liability; Robust Dissent by Justice Hearn, joined by Chief Justice Beatty.

In its opinion, the South Carolina Supreme Court affirmed the Court of Appeals’ decision in this case.  This opinion, however,...

United States v. All Funds…Erick Silva Santos, Claimant, 5th Cir. 7/19/17: Asset Forfeiture, International Law, and Crime. Also, Fugitive Disenfranchisement Doctrine.

Here is another very interesting asset forfeiture case because it involves the US Government essentially seizing assets from a foreign...

US v. Arthur Lange, 11th Cir, filed 7/17/17: Sentence Manipulation

I chose to focus on this case because this is an issue that I’ve seen arise in other contexts as...