Osler's Razor

The Harvard Law Review is publishing a casenote on the Spears case I argued last summer in the Eighth Circuit, and the note writer in large part supports our position. You can find a link to the casenote at Doug Berman's blog here.

Earlier in the month, recent BLS graduate Dustin Benham of Carrington, Coleman in Dallas helped me write the cert petition in Spears; that petition is currently pending before the Supreme Court. It's time for the issue to be addressed, as nearly all of the circuits have now entered a position, and there is a split in the circuits. Today, our own 5th Circuit weighed in contrary to my position in the case of U.S. v. Leatch. (Unlike many of the other losing causes, I had no role in that one...)