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b. Dicta

Zarder v. Acuity, 2010 WI 35

supreme court decision; BiC; Resp.; Reply Court of Appeals Authority to Declare Dicta ¶57     By concluding that a statement in a supreme court opinion is dictum, the court of appeals necessarily withdraws or modifies language from that opinion, contrary to our directive in Cook. … ¶58     If the court of appeals could dismiss a statement in… Read more


Binding Authority – Dicta, Generally

State v. Dwight M. Sanders, 2007 WI App 174, affirmed, 2008 WI 85 For Sanders: Patrick M. Donnelly, SPD, Madison Appellate Issue/Holding: ¶26   The State argues that our supreme court’s decision in Hughes validates the officers’ hot pursuit entry in this case. In Hughes, the court held that the crime of possession of marijuana was serious enough to justify… Read more