On Point: a. Binding authority

State v. William L. Morford, 2004 WI 5, on review of unpublished decision
For Morford: Lynn E. Hackbarth

Issue/Holding: ¶33 n. 4:

For discussions of Wisconsin’s views on dictum, see, e.g., State v. Picotte, 2003 WI 42, ¶¶60-61 n.16, 261 Wis. 2d 249, 661 N.W.2d 381 (reviewing two lines of cases on dictum); State v. Leitner,

State v. Lucian Agnello II, 2004 WI App 2, (AG’s) PFR filed 1/8/04, on appeal after remand, 2003 WI 44; prior history: State v. Agnello I, 226 Wis.2d 164, 593 N.W.2d 427 (1999)
For Agnello: Jerome F. Buting, Pamela Moorshead

Issue: Whether the defendant is entitled to withdraw his guilty plea and to have a trial under the supreme court’s mandate in his prior appeal,

State v. Gary M.B., 2003 WI App 72, affirmed, 2004 WI 33
For Gary M.B.: T. Christopher Kelly
Issue/Holding:

¶11. As Gary correctly notes, however, we are not bound by the Ohler decision because the Supreme Court’s holding did not rest on an interpretation of U.S. Constitutional or other “federal law” that we must apply in this case.

State v. Steven G. Walters, 2003 WI App 24, reversed on other grounds, 2004 WI 18
For Walters: Jenelle L. Glasbrenner, David A. Danz
Issue/Holding:

¶25. We cannot ignore the arguments offered by the State at the trial court level at both the motion to exclude before Judge Race and the motion for reconsideration before Judge Carlson. We are troubled by the district attorney’s arguments that a trial court is free to ignore published decisions of the court of appeals.

State v. Gary M.B., 2003 WI App 72, affirmed on other grounds, 2004 WI 33
For Gary M.B.: T. Christopher Kelly

Issue/Holding: A court of appeals holding in a case reversed by the supreme court on other grounds, so that this holding was neither “overruled, withdrawn, or modified,” continues to bind the court of appeals. ¶13.

The court of appeals had held under similar circumstances to Gary M.B.’s that defensive use didn’t trigger waiver, 

State v. Edward Terrell Jennings, 2002 WI 44, on certification
For Jennings: Margaret A. Maroney, SPD, Madison Appellate

Issue/Holding:

¶3. We conclude that when confronted with a direct conflict between a decision of this court and a later decision of the United States Supreme Court on a matter of federal law, the court of appeals may, but is not required to, certify the case to us pursuant to Wis.

State v. Colleen E. Hansen, 2001 WI 53, 243 Wis. 2d 328, 627 N.W.2d 195, on certification
For Hansen: Pamela Pepper

Issue: Whether a prior decisional pronouncement should be treated as precedential when it is contradicted elsewhere in the decision.

Holding: “Because of the internal inconsistency [in the prior decision], no judicial precedent was established in the first place,” ¶33.

State v. Paul R. Benzel, 220 Wis. 2d 588, 583 N.W.2d 434 (Ct. App. 1998)
Pro se

Issue/Holding: The holding of State v. Hall, 207 Wis.2d 54, 557 N.W.2d 778 (1997), that the drug tax, § 139.95, is unconstitutional applies retroactively: “failure to do so leads to the untenable result that a person stands convicted for conduct which has been held constitutionally immune from punishment. … (¶) A court cannot acquire jurisdiction to try a person for an act made criminal only by an unconstitutional law.”