On Point blog, page 1 of 1
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 a prior case from this court as dictum,
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 the warrantless entry of an apartment under the exigent circumstance of preventing the destruction of evidence.