LUBBOCK, Texas (KCBD) - In a new court filing, Josh Allen's legal team argues that the Ferrum Capital investments at the heart of one count were traditional promissory notes and that Supreme Court cases say a special test should have been used to decide if those notes were securities.

Instead, the filing says jurors were instructed to use an older test designed for unusual investment contracts.

FULL COVERAGE: KCBD Investigates - Testing TrustThe defense claims the mistake does not just affect the securities fraud count, but undermines the entire verdict.