Fixed!

The 11th Circuit reissued Thompson v. United States today, clearing up the name mess that I discussed here and here. It inserted the other DM's middle name Scott. And the Court even dropped a footnote: "This opinion is not referring to attorney David Oscar Markus, who was not involved in the case."

What a relief.

Added: For the record, I think David Scott Markus is a good guy and a good lawyer, and I am sorry the name confusion has brought unwarranted attention to this opinion.

OSCAR

Thanks for the suggestions in the comments on what to do about the name issue. So far, I've written a letter to the Clerk of the 11th Circuit and Judge Barkett, who authored the opinion, asking them to insert his middle name. We'll see if it works.

The story has hit the blogosphere, which I think may be a good thing. Check out Orin Kerr at Volokh, Adam Levin at Southern Criminal Law and Justice, and Rumpole, all discussing "David Markus".

UPDATE -- the problem has been fixed.

"David Markus" ineffective

So the calls and emails started rolling in this morning. Who was that lawyer taken to task throughout the opinion in Richard Thompson v. United States, they asked. I quickly jumped onto the 11th Circuit website and read today's opinion.

The coffee I was sipping went all over my desk!

Judge Barkett, writing for the 11th Circuit, in a published decision explained how criminal defense lawyer "David Markus" was ineffective.

The thing is, it's not me -- it's the other criminal defense lawyer in town named David Markus. He's David Scott Markus. I'm David Oscar Markus. The court didn't use any middle initial. So now what do I do? Any suggestions?

UPDATE -- the problem has been fixed.