Dicta are statements in a judicial opinion that could be deleted without impairing the analytical foundations of the holding and do not carry binding weight.
After a defendant's probation was revoked, the court addressed whether a prior judicial statement requiring a preponderance of the evidence standard for revocation hearings constituted a change in the governing legal standard. The court determines that a statement in a judicial opinion is dictum if it is unnecessary to the outcome of the case and lacks the authority of adjudication. Because the prior statement was not essential to the decision and the proper standard was not presented as an issue, the statement was merely dictum. The court concludes that the established standard remains that a district court may revoke probation if it is reasonably satisfied that a probationer violated a condition.
At page 292 Defining and characterizing judicial dictum108 citing casesdicta is language that can be “deleted without seriously impairing the analyti- cal foundations of the holding” (quoting Sarnoff v. Am. Home Prods. Corp., 798 F.2d 1075, 1084 (7th Cir. 1986))
- Murphy v. Bailey, 794 F. Supp. 3d 556 (C.D. Ill. 2025).published (What is at stake in distinguishing holding from dictum is that a dictum is not authoritative. It is the part of an opinion that a later court, even if it is an inferior court, is free to reject.)
- Dylan Mitchell v. Eugene Doherty, 37 F.4th 1277 (7th Cir. 2022).published ([D]ictum is not authoritative. It is the part of an opinion that a later court … is free to reject.)
- United States v. Kaley, 579 F.3d 1246 (11th Cir. 2009).published (We have defined dictum as a statement in a judicial opinion that could have been deleted without seriously impairing the analytical foundations of the holding.)
- State v. Davis, 618 A.2d 557 (Conn. App. Ct. 1993).published([ejvery other circuit to consider the question has adopted the ‘reasonably satisfied’ standard)
- State of Florida v. Sean Michael Marlin, No. 4D2025-1448 (Fla. 4th DCA Sept. 2, 2026).publishedJ., concurring in part) (“Because that dismissal was unnecessary to the Court’s holding, it constitutes dicta rather than binding precedent.”) (emphasis added); United States v. Kaley, 579 F.3d 1246, 1253 n.10 (11th Cir. 2009) (explaining…
- Jesse Near v. Enerco Grp., Inc., 182 F.4th 341 (4th Cir. 2026).unpublishedDictum is a “statement in a judicial opinion that could have been deleted without seriously impairing the analytical foundations of the holding— that, being peripheral, may not have received the full and careful consideration of the court…
- In re Wisconsin & Milwaukee Hotel LLC, No. 24-21743 (Bankr. E.D. Wis. May 8, 2026).It is “unnecessary to the outcome . . . and therefore perhaps not as fully considered as it would have been if it were essential to the outcome.” United States v. Crawley, 837 F.2d 291, 292 (7th Cir. 1988).
- Shareef Childs v. Cheryl Webster, 168 F.4th 1020 (7th Cir. 2026).published(aspects of an opinion integral to its decision and reasoning are binding)
- Bhd. of Maint. of Way Employes Div. of the Int'l Bhd. of Teamsters v. Union Pac. R.R. Co., No. 1:23-cv-16579 (N.D. Ill. Dec. 11, 2025).(defining dictum as “a statement in a judicial opinion that could have been deleted without seriously impairing the analytical foundations of the holding— that, being peripheral, may not have received the full and carefu…)
- People v. Bannister, 2025 IL App (1st) 231399-U.unpublishedSee Nationwide Advantage Mortgage Co. v. Ortiz, 2012 IL App (1st) 112755, ¶ 30 (“[Obiter dictum] is a remark, an aside, concerning some rule of law or legal proposition that is not necessarily essential to the decision and lacks the author…
Show 88 more citing cases
- Marcia Stein v. Kaiser Found. Health Plan, Inc., 115 F.4th 1244 (9th Cir. 2024).published “dictum is not authoritative”
- Acosta v. Bd. of Trs. of UNITE HERE Health, No. 1:22-cv-01458 (N.D. Ill. Aug. 21, 2024).Judge Leinenweber made an “explicit ruling” on the legal sufficiency of Count II, id., and it can hardly be argued that such a ruling is “unnecessary to the outcome” of the case as a whole, United States v. Crawley, 837 F.2d 291, 292 (7th…
- Ver Hagen v. BeneTek Inc, 714 F. Supp. 3d 1075 (E.D. Wis. 2024).publishedDictum is distinguished from holding insofar as dictum lacks authority and ‘is part of an opinion that a later court, even an inferior court, is free to reject.’”) (quoting United States v. Crawley, 837 F.2d 291, 292 (7th Cir. 1988) and ci…
- United States v. Patrick Thompson, 89 F.4th 1010 (7th Cir. 2024).publishedSo it cannot be dictum, which is language that “can be sloughed off without damaging the analytical structure of the opinion.” United States v. Crawley, 837 F.2d 291, 292 (7th Cir. 1988).
- United States v. Michael Jerome Files, 63 F.4th 920 (11th Cir. 2023).published Judge Posner has said similar things: Passages that are not an “integral part of the earlier opinion . . . may not have been fully considered.” United States v. Crawley, 837 F.2d 291, 292 (7th Cir. 1988).
- Equal Emp. Opportunity Comm'n v. Charter Commc'ns LLC, No. 2:18-cv-01333 (E.D. Wis. Dec. 17, 2021).A dictum “‘is a remark, an aside, concerning some rule of law or legal proposition that is not necessarily essential to the decision and lacks the authority of adjudication.’” U.S. v. Crawley, 837 F.2d 291, 292 (7th Cir. 1988) (quoting Sto…
- Christopher Payne v. Jahal Taslimi, 998 F.3d 648 (4th Cir. 2021).publishedDictum is a “statement in a judicial opinion that could have been deleted without seriously impairing the analytical foundations of the holding—that, being peripheral, may not have received the full and careful consideration of the court t…
- Mitchell v. Doherty, 530 F. Supp. 3d 744 (N.D. Ill. 2021).published But that proposition falls short of requiring a bail hearing to take place within 48 hours of an arrest. consideration of the court that uttered it.” United States v. Crawley, 837 F.2d 291, 292 (7th Cir. 1988).
- Exby-Stolley v. Bd. of Cnty. Commissioners, 906 F.3d 900 (10th Cir. 2018).publishedThere are sound jurisprudential reasons for not binding a later panel to dicta: “‘One is that the passage was unnecessary to the outcome of the earlier case and therefore perhaps not as fully considered as it would have been if it were ess…
- Darius Briscoe v. United States, 181 A.3d 651 (D.C. 2018).publishedWhether a decision is binding is recognized not by the number of words used by the court in arriving at its disposition, but by whether the “issue constituted „a statement not addressed to the question before the court or necessary for its…
- Donald v. Wexford Health Sources, Inc., 266 F. Supp. 3d 1097 (C.D. Ill. 2017).publishedAs often in dealing with complex terms, the definitions (those above, and others we could give) are somewhat inconsistent, somewhat vague, and somewhat circular. 837 F.2d 291, 292 (7th Cir. 1988).
- Hartig Drug Co. v. Ferrellgas Partners, L.P., 860 F.3d 1059 (8th Cir. 2017).published It is a remark, an aside, concerning some rule of law or legal proposition that is not necessarily essential to the decision and lacks the authority of adjudication.” United States v. Crawley, 837 F.2d 291, 292 (7th Cir. 1988) (internal qu…
- In re Heft, 564 B.R. 389 (Bankr. C.D. Ill. 2017).publishedDictum has been defined as “any statement made by a court for use in argument, illustration, analogy, or suggestion ... concerning some rule of law or legal proposition that is not necessarily essential to the decision and lacks the author…
- In re the Complaint of Ingram Barge Co., 102 F. Supp. 3d 1008 (N.D. Ill. 2015).published(noting that, one basis for treating a passage as dictum rather than a case’s holding is where “the passage was not an integral part of the earlier opinion — it can be sloughed off without damaging the analytical structu…)
- In re Davis, 527 B.R. 319 (Bankr. N.D. Ind. 2015).publishedIn United States of America v. Crawley, 837 F.2d 291, 292-293 (7th Cir.1988) the Seventh Circuit Court of Appeals defined “dictum” as follows: We have defined dictum as “a statement in a judicial opinion that could have been deleted withou…
- Steven Kallal v. CIBA Vision Corp., 779 F.3d 443 (7th Cir. 2015).publishedThe preemption analysis is classic dicta, because it “can be sloughed off without damaging 'the analytical structure of the opinion.” United States v. Crawley, 837 F.2d 291, 292 (7th Cir.1988).
- Wolf v. Walker, 986 F. Supp. 2d 982 (W.D. Wis. 2014).publishedIt is the part of an opinion that a later court, even if it is an inferior court, is free to reject.” United States v. Crawley, 837 F.2d 291, 292 (7th Cir.1988).
- K-Tech Telecomm., Inc. v. Time Warner Cable, Inc., 714 F.3d 1277 (Fed. Cir. 2013).published Cir. 1997) (“[D]ictum consists, inter alia, of statements in judicial opinions upon a point or points not necessary to the decision of the case.”) Such dictum “‘is not authoritative,’” but rather “‘is the part of an opinion that a later co…
- Mohica v. Cvejin, 2013 IL App (1st) 111695, 990 N.E.2d 720.publishedExelon, 234 Ill. 2d at 277 (quoting United States v. Crawley, 837 F.2d 291, 292 (7th Cir. 1988)).
- Caine v. Burge, 897 F. Supp. 2d 714 (N.D. Ill. 2012).published Dicta has been “variously defined,” one definition being “any statement made by a court for use in argument, illustration, analogy, or suggestion ... concerning some rule of law or legal proposition that is not necessarily essential to the…
- Nationwide Advantage Mortg. Co. v. Ortiz, 2012 IL App (1st) 112755, 975 N.E.2d 178.publishedIt is a remark, an aside, concerning some rule of law or legal proposition that is not necessarily essential to the decision and lacks the authority of adjudication.’ ” United States v. Crawley, 837 F.2d 291, 292 (7th Cir. 1988) (quoting S…
- United States v. Smith, 454 F. App'x 686 (10th Cir. 2012).unpublished([Djictum [is] a statement in a judicial opinion that could have been deleted without seriously impairing the analytical foundations of the holding—that, being peripheral, may not have received the full and careful cons…)
- Sturdivant v. State, 84 So. 3d 1053 (Fla. 1st DCA 2010).publishedDictum versus Holding In U.S. v. Crawley, 837 F.2d 291, 292-93 (7th Cir.1988), Judge Posner noted: We have defined dictum as ‘a statement in a judicial opinion that could have been deleted without seriously impairing the analytical foundat…
- Pajic v. Old Repub. Ins., 917 N.E.2d 564 (Ill. App. Ct. 1st Dist. 2009).publishedObiter dictum is a statement that “ ‘could have been deleted without seriously impairing the analytical foundations of the holding *** [and] being peripheral, [it] may not have received the full and careful consideration of the court that…
- Thakore v. Universal Mach. Co. of Pottstown, 670 F. Supp. 2d 705 (N.D. Ill. 2009).publishedIn United States v. Crawley, 837 F.2d 291, 292 (7th Cir.1988), Judge Posner explained that "instead of asking what the word 'dictum' means we ask what reasons there are against a court’s giving weight to a passage found in a previous opini…
- Exelon Corp. v. Dep't of Revenue, 917 N.E.2d 899 (Ill. 2009).published It is a remark, an aside, concerning some rule of law or legal proposition that is not necessarily essential to the decision and lacks the authority of adjudication.'" United States v. Crawley, 837 F.2d 291, 292 (7th Cir.1988), quoting Sto…
- Breen v. Texas A&M Univ., 485 F.3d 325 (5th Cir. 2007).publishedAs Judge Posner noted, there are numerous and sometimes inconsistent definitions of dictum, but as a practical matter, a court can determine whether a particular passage in an earlier opinion is dictum by considering factors such as whethe…
- Sean Breen, as Adm'r of the Est. of Christopher Breen Christopher Breen John E. Breen Marian K. Breen v. Texas A&m Univ., Texas A&m Univ. J. Malon Southerland, in His Individual Capacity Russell Thompson, in His Individual Capacity Ray Bowen, James Kimmel, as Rep. of the Est. of Lucas Kimmel (Deceased) James Kimmel Walieta Kimmel v. Texas A&m Univ., Texas A&m Univ. J. Malon Southerland, in His Individual Capacity Russell J. Thompson, in His Off. Capacity Ray Bowen, in His Individual Capacity William L. Kibler, in His Individual Capacity John J. Koldus, Iii, in His Individual Capacity, Bill Davis v. Texas A&m Univ., Texas A&m Univ. J. Malon Southerland, in His Individual Capacity Russell Thompson, in His Individual Capacity Ray Bowen, in His Individual Capacity William L. Kibler, in His Individual Capacity John J. Koldus, Iii, in His Individual Capacity, Howard Scanlan Denise Scanlan Lauren N.T. Scanlan v. Texas A&m Univ., Texas A&m Univ. J. Malon Southerland, in His Individual Capacity Russell Thompson, in His Individual Capacity Ray Bowen, in His Individual Capacity William L. Kibler, in His Individual Capacity John J. Koldus, Ii, in His Individual Capacity, John Andrew Comstock Dixie Ann Zinneker v. Texas A&m Univ., Texas A&m Univ. J. Malon Southerland, in His Individual Capacity Russell Thompson, in His Individual Capacity Ray Bowen William L. Kibler, in His Individual Capacity John J. Koldus, Iii, in His Individual Capacity, Jaquelynn Kay Self, Individually & as Adm'x of the Est. of Jerry Don Self, Deceased Kathy McClain Escamilla, Individually & as Adm'x of the Est. of Bryan A. McClain Deceased Phillip McClain Andrea Heard, Individually & as Adm'x of the Est. of Christopher Lee Heard, Deceased Leslie G. Heard Gregory Anthony Powell, Individually & as Adm'r of the Est. of Chad A. Powell, Deceased Beverly Jill Powell Matthew Lynn Robbins Dominic M v. Braus Nancy Braus v. Ray M. Bowen J. Malon Southerland William Kibler Russell W. Thompson John J. Koldus, III M.T. Hopgood, Jr., Major Gen. Donald J. Johnson Zack Coapland Kevin Jackson James R. Reynolds Robert Harry Stiteler, Jr. Michael David Krenz, 485 F.3d 325 (5th Cir. 2007).publishedId. at 327 , 109 S.Ct. 1827 (internal citations omitted). 12 As Judge Posner noted, there are numerous and sometimes inconsistent definitions of dictum, but as a practical matter, a court can determine whether a particular passage in an ea…
- Gillispie v. Vill. of Franklin Park, 405 F. Supp. 2d 904 (N.D. Ill. 2005).publishedUnited States v. Crawley, 837 F.2d 291, 292 (7th Cir.l988)(Posner, J.).
- Clevenger v. Bolingbrook Chevrolet, Inc., 401 F. Supp. 2d 878 (N.D. Ill. 2005).published The Seventh Circuit has defined it as “ ‘a statement in a judicial opinion that could have been deleted without seriously impairing the analytical foundations of the holding — that, being peripheral, may not have received the full and care…
- Utah v. Troff (In re Troff), 329 B.R. 85 (Bankr. D. Utah 2005).publishedAs noted above, Troff seeks to avoid this binding precedent rule by characterizing the relevant language of Kelly as "dicta.” {See, e.g., Appellee's Brief at 5.) Of course, "What is at stake in distinguishing holding from dictum is that a…
- Parents Involved in Cmty. Schs. v. Seattle Sch. Dist., No. 1, 377 F.3d 949 (9th Cir. 2004).published (suggesting that rather than define dicta, courts should look to the "reasons there are against ... giving weight to a passage found in a previous opinion[:] One is that the passage was unnecessary to the outcome of the…)
- Curr-Spec Partners, L.P. v. Comm'r, 579 F.3d 391 (5th Cir. 2009).published
- Denno v. Sch. Bd. of Volusia Cnty., 182 F.3d 780 (11th Cir. 1999).published
- United States v. Neal, 249 F.3d 1251 (10th Cir. 2001).published
- United States v. Parker, 362 F.3d 1279 (10th Cir. 2004).published
- Doughty v. Underwriters at Lloyd's, London, 6 F.3d 856 (1st Cir. 1993).published
- Faheem-El v. Klincar, 841 F.2d 712 (7th Cir. 1988).published
- United States v. Reginald Brown, 935 F.2d 272 (7th Cir. 1991).unpublished
- Rodney Todd v. Societe Bic, S.A., 21 F.3d 1402 (7th Cir. 1994).published
- Exp. Grp. Emilio Figueroa Jack Andrews v. Reef Indus., Inc., 54 F.3d 1466 (9th Cir. 1995).published
- Jose M. Avelar-Cruz v. Immigr. & Naturalization Serv., 58 F.3d 338 (7th Cir. 1995).published
- Prakash H. Patel Shobha P. Patel, H/w v. Sun Co., Inc. Lancaster Assocs., 141 F.3d 447 (3d Cir. 1998).published
- Batjac Prods. Inc. v. Goodtimes Home Video Corp., 160 F.3d 1223 (9th Cir. 1998).published
- The Pittston Co. Buffalo Mining Co. Clinchfield Coal Co. E. Coal Corp. Elkay Mining Co. Jewell Ridge Coal Corp. Kentl &-Elkhorn Coal Corp. Meadow River Coal Co. Pittston Coal Grp. Ranger Fuel Corp. v. United States of Am., & Third Party v. Michael H. Holland, Tr. of the United Mine Workers of Am. Combined Benefit Fund United Mine Workers of Am. Combined Benefit Plan Elliot A. Segal, Tr. of the United Mine Workers of Am. Combined Benefit Fund William P. Hobgood, Tr. of the United Mine Workers of Am. Combined Benefit Fund Marty D. Hudson, Tr. of the United Mine Workers of Am. Combined Benefit Fund Thomas O. S. Rand, Tr. of the United Mine Workers of Am. Combined Benefit Fund Gail R. Wilensky, Tr. of the United Mine Workers of Am. Combined Benefit Fund Carl E. Van Horn, Tr. of the United Mine Workers of Am. Combined Benefit Fund, Third Party & the Bituminous Coal Operators' Ass'n, Inc. Int'l Union, United Mine Workers of Am., Parties in Interest, 199 F.3d 694 (3d Cir. 1999).published
- Linda Denno v. Sch. Bd. of Volusia Cnty., 218 F.3d 1267 (11th Cir. 2000).published
- Oxy Usa, Inc., Mobil Expl. & Producing U.S., Inc. v. Bruce Babbitt, Sec'y Bob Armstrong, Assistant Sec'y, Land & Minerals Mgmt. Cynthia Quarterman, Dir., Minerals Mgmt. Serv. Erasmo Gonzales, Chief, Houston Compliance Div., Minerals Mgmt. Serv. & Gary L. Johnson, Chief, Dallas & Tulsa Compliance Offices, Minerals Mgmt. Serv., Dep't of the Interior, Shell Oil Co. v. Bruce Babbitt, Sec'y, Dep't of the Interior Bob Armstrong, Assistant Sec'y, Land & Minerals Mgmt., Dep't of the Interior Cynthia Quarterman, Dir., Minerals Mgmt. Serv., Dep't of the Interior Erasmo Gonzales, Chief, Houston Compliance Div., Minerals Mgmt. Serv., Dep't of the Interior & Gary L. Johnson, Chief, Dallas & Tulsa Compliance Offices, Minerals Mgmt. Serv., Dep't of the Interior, 230 F.3d 1178 (10th Cir. 2000).published
- Vicky Whetsel v. Network Prop. Servs., LLC, 246 F.3d 897 (7th Cir. 2001).published
- United States v. Michael Johnson, 256 F.3d 895 (9th Cir. 2001).published
- Ponderosa Dairy v. William J. Lyons, Jr., Sec'y, Dep't of Food & Agric., State of California, & A.J. Yates, Deputy Sec'y, Dep't of Food & Agric., State of California, Hillside Dairy Inc., A&a Dairy, Inc., a Nevada S Corp., Milky Way Farm, Inc., a Nevada S Corp., &, L&s Dairy, Inc., a Nevada S Corp. v. William J. Lyons, Jr., Sec'y, Dep't of Food & Agric., State of California, & A.J. Yates, Deputy Sec'y, Dep't of Food & Agric., State of California, 259 F.3d 1148 (9th Cir. 2001).published
- United States v. City of Tacoma, 332 F.3d 574 (9th Cir. 2003).published
- Lopez v. Sullivan, 780 F. Supp. 496 (N.D. Ill. 1991).published
- Cleary v. Knapp Shoes, Inc., 924 F. Supp. 309 (D. Mass. 1996).published
- In re Stone, 119 B.R. 222 (Bankr. E.D. Wash. 1990).published
- Bicknell v. Stanley (In re Bicknell), 118 B.R. 652 (S.D. Ind. 1990).published
- Mut. Life Ins. Co. of New York v. Yampol, 706 F. Supp. 596 (N.D. Ill. 1989).published
- Conrad v. Rofin-Sinar, Inc., 762 F. Supp. 167 (E.D. Mich. 1991).published
- Blackburn v. Becker, 933 F. Supp. 724 (N.D. Ill. 1996).published
- Home Ins. Co. of Illinois v. Adco Oil Co., 987 F. Supp. 1057 (N.D. Ill. 1997).published
- Cayuga Indian Nation of New York v. Cuomo, 758 F. Supp. 107 (N.D.N.Y. 1991).published
- Magyar ex rel. Magyar v. Tucson Unified Sch. Dist., 958 F. Supp. 1423 (D. Ariz. 1997).published
- Law v. Wolfe (In re Mountain Laurel Resources Co.), 258 B.R. 652 (S.D. W. Va. 2001).published
- Umana v. Swidler & Berlin, Chartered, 669 A.2d 717 (D.C. 1995).published
- People v. Young, 850 N.E.2d 284 (Ill. App. Ct. 1st Dist. 2006).published
- ALBERTILE v. Louis & Alexander Corp., 646 A.2d 1001 (D.C. 1994).published
- Gilmore v. Sw. Bell Mobile Sys., Inc., 156 F. Supp. 2d 916 (N.D. Ill. 2001).published
- Schultz v. Dep't of Workforce Dev., 752 F. Supp. 2d 1015 (W.D. Wis. 2010).published
- In re v. Wallis, Etc., No. 93-1174 (1st Cir. Oct. 18, 1993).published
- Pittston Co. v. United States, 199 F.3d 694 (4th Cir. 1999).published
- United States v. William Block, 927 F.3d 978 (7th Cir. 2019).published
- Eddie R. Bradley v. Vill. of Univ. Park, IL, 929 F.3d 875 (7th Cir. 2019).published
- West Bend Mut. Ins. Co. v. Krishna Schaumburg Tan, Inc., 2021 IL 125978, 183 N.E.3d 47.published
- NC NAACP State Conf. v. Philip Berger, 999 F.3d 915 (4th Cir. 2021).published
- Lasovick v. Brown, 6 Vet. App. 141 (Vet. App. 1994).published
- Floyd v. Brown, 9 Vet. App. 88 (Vet. App. 1996).published
- United States v. Thomas Thayer, 40 F.4th 797 (7th Cir. 2022).published
- Oxy USA, Inc. v. Babbitt, 230 F.3d 1178 (10th Cir. 2000).published
- Ponderosa Dairy v. Lyons, 259 F.3d 1148 (9th Cir. 2001).published
- United States v. Washington, 18 F. Supp. 3d 1172 (W.D. Wash. 1993).published
- Brodsky v. Humanadental Ins. Co., 269 F. Supp. 3d 841 (N.D. Ill. 2017).published
- Fletcher, Jr. v. Bogucki, No. 1:20-cv-04768, 2021 WL 4477968 (N.D. Ill. Sept. 30, 2021).
- Simonson v. Olejniczak, No. 1:23-cv-00526 (E.D. Wis. Oct. 26, 2023).
- Nicholas Giovannelli v. Walmart Inc., 164 F.4th 1052 (7th Cir. 2026).published
- Nicholas Giovannelli v. Stocktrek Images, Inc., No. 25-1223 (7th Cir. Jan. 22, 2026).published
- Nicholas Giovannelli v. Pixels.com, LLC, No. 25-1185 (7th Cir. Jan. 22, 2026).published
- Nicholas Giovannelli v. Amazon.com, Inc., No. 24-3103 (7th Cir. Jan. 22, 2026).published
- Marzec, No. 1:23-cv-15358 (N.D. Ill. Feb. 3, 2026).
- Kilborn, No. 1:22-cv-00475 (N.D. Ill. Feb. 9, 2026).
At page 293 Determining when judicial statements constitute dictum27 citing cases“refined by the fires of adversary presentation.”
- Mitchell v. Doherty, 530 F. Supp. 3d 744 (N.D. Ill. 2021).published But that proposition falls short of requiring a bail hearing to take place within 48 hours of an arrest. consideration of the court that uttered it.” United States v. Crawley, 837 F.2d 291, 292 (7th Cir. 1988).
- Darius Briscoe v. United States, 181 A.3d 651 (D.C. 2018).publishedWhether a decision is binding is recognized not by the number of words used by the court in arriving at its disposition, but by whether the “issue constituted „a statement not addressed to the question before the court or necessary for its…
- In re Heft, 564 B.R. 389 (Bankr. C.D. Ill. 2017).publishedDictum has been defined as “any statement made by a court for use in argument, illustration, analogy, or suggestion ... concerning some rule of law or legal proposition that is not necessarily essential to the decision and lacks the author…
- Caine v. Burge, 897 F. Supp. 2d 714 (N.D. Ill. 2012).published Dicta has been “variously defined,” one definition being “any statement made by a court for use in argument, illustration, analogy, or suggestion ... concerning some rule of law or legal proposition that is not necessarily essential to the…
- United States v. Aguila-Montes De Oca, 655 F.3d 915 (9th Cir. 2011).published There is no concern, therefore, that the issues were not adequately presented — or, as Judge Posner has put it, that they “w[ere] not refined by the fires of adversary presentation.” United States v. Crawley, 837 F.2d 291, 293 (7th Cir.198…
- Sanchez v. Mukasey, 521 F.3d 1106 (9th Cir. 2008).published The issue was not therefore “refined by the fires of adversary presentation,” see United States v. Crawley, 837 F.2d 291, 293 (7th Cir.1988), which may explain why the Moran panel ultimately proffered an interpretation so at odds with the…
- Trans-tec Asia v. M/v Harmony Container, 518 F.3d 1120 (9th Cir. 2008).published(defining dictum as "not a fully measured judicial pronouncement ... not likely to be relied on by readers, and ... may not have been part of the decision that resolved the case or controversy on which the court's jurisd…)
- Trans-Tec Asia v. M/V Harmony v. Containe, No. 06-55355 (9th Cir. Mar. 10, 2008).published(defining dictum as “not a fully measured judicial pronouncement . . . not likely to be relied on by readers, and . . . may not have been part of the decision that resolved the case or controversy on which the court’s ju…)
- Clevenger v. Bolingbrook Chevrolet, Inc., 401 F. Supp. 2d 878 (N.D. Ill. 2005).published The Seventh Circuit has defined it as “ ‘a statement in a judicial opinion that could have been deleted without seriously impairing the analytical foundations of the holding — that, being peripheral, may not have received the full and care…
- Richard M. Ragsdale v. Bernard J. Turnock, 841 F.2d 1358 (7th Cir. 1988).published
Show 13 more citing cases
- United States v. Martin R. Kucik, 844 F.2d 493 (7th Cir. 1988).published
- In the Matter of H. Dean Stegall & Sandra Lorene Stegall, Debtors-Appellants. Appeal of the Fed. Land Bank of St. Louis, 865 F.2d 140 (7th Cir. 1989).published
- United States v. Robert Reggie Oleson, 44 F.3d 381 (6th Cir. 1995).published
- Taylor v. Peoples Nat. Gas Co., 49 F.3d 982 (3d Cir. 1995).published
- Thomas J. Dillon v. United States, 184 F.3d 556 (6th Cir. 1999).published
- Brown v. United States, 329 F.3d 664 (9th Cir. 2003).published
- Hall v. Carter, 825 A.2d 954 (D.C. 2003).published
- Williamson v. United States, 607 A.2d 471 (D.C. 1992).published
- In re Snyder, 99 B.R. 885 (Bankr. C.D. Ill. 1989).published
- Richmond Med. Ctr. for Women v. Gilmore, 11 F. Supp. 2d 795 (E.D. Va. 1998).published
- Allen v. United States, 603 A.2d 1219 (D.C. 1992).published
- Richmond Med. Ctr. for Women v. Gilmore, 55 F. Supp. 2d 441 (E.D. Va. 1999).published
- Gray v. Citizens Bank of Washington, 602 A.2d 1096 (D.C. 1992).published
At page 291 “so instead of asking what the word 'dictum' means we can ask what reasons there are against a court's giving weight to a passage found in a previous opinion.”4 citing cases
- Denno v. Sch. Bd. of Volusia Cnty., 182 F.3d 780 (11th Cir. 1999).published
- Linda Denno v. Sch. Bd. of Volusia Cnty., 218 F.3d 1267 (11th Cir. 2000).published
- United States v. Michael Johnson, 256 F.3d 895 (9th Cir. 2001).published
v.
John Allan CRAWLEY, Defendant-Appellant
In an unpublished order issued today, we affirm the district court’s order revoking defendant Crawley’s probation and sentencing him to three years in prison. This opinion is confined to the question whether, in United States v. Yancey, 827 F.2d 83, 89 (7th Cir.1987), a panel of this court changed the standard of proof in revocation cases. In United States v. Smith, 571 F.2d 370, 372 and n. 2 (7th Cir.1978), we had held that a district court may revoke probation if “reasonably satisfied” that the probationer has violated a condition of his probation. In United States v. Torrez-Flores, 624 F.2d 776, 781 (7th Cir.1980), we referred approvingly to the standard, although its propriety had not been put in issue in that case. Every other circuit to consider the question has adopted the “reasonably satisfied” standard. See, e.g., United States v. Rice, 671 F.2d 455, 458 (11th Cir.1982). However, in Yancey we said that the evidence presented in the revocation hearing that Yancey had violated a condition of his probation, although it “might not be sufficient to find Yancey guilty of the act charged in a criminal case, ... satisfies the requirement for proof by a preponderance necessary in probation revocation hearings.” 827 F.2d at 89. Shortly afterward, without citing Yancey, we reiterated the “reasonably satisfied” standard, even remarking that “the district court went further than necessary when it evaluated the evidence before it under a preponderance-of-the-evidence standard.” United States v. Warner, 830 F.2d 651, 655 (7th Cir.1987); see also United States v. Rife, 835 F.2d 154, 155 (7th Cir.1987). The district court applied the “reasonably satisfied” standard in this case, not the preponderance standard.
The statement in Yancey was a dictum, a term variously defined. We have defined dictum as “a statement in a judicial opinion that could have been deleted without seriously impairing the analytical foundations of the holding — that, being peripheral, may not have received the full and careful consideration of the court that uttered it.” Sarnoff v. American Home Products Corp., 798 F.2d 1075, 1084 (7th Cir.1986). “[DJictum is a general argument or observation unnecessary to the decision.... The basic formula [for distinguishing holding from dictum] is to take account of facts treated by the judge as material and determine whether the contested opinion is based upon them.” Local 8599, United Steelworkers of America v. Board of Education, 162 Cal.App.3d 823, 834, 209 Cal.Rptr. 16, 21 (1984). A dictum is “any statement made by a court for use in argument, illustration, analogy or suggestion. It is a remark, an aside, concerning some rule of law or legal proposition that is not necessarily essential to the decision and lacks the authority of adjudication.” Stover v. Stover, 60 Md.App. 470, 476, 483 A.2d 783, 786 (1984). It is “a statement not addressed to the question before the court or necessary for its decision.” American Family Mutual Ins. Co. v. Shannon, 120 Wis.2d 560, 565, 356 N.W.2d 175, 178 (1984). As often in dealing with complex terms, the definitions (those above, and others we could give) are somewhat inconsistent, somewhat vague, and somewhat circular.
An alternative to definition is to ask what is at stake in the definition. What is at stake in distinguishing holding from dictum is that a dictum is not authoritative. It is the part of an opinion that a later court, even if it is an inferior court, is free to reject. So instead of asking what the word “dictum” means we can ask what reasons there are against a court’s giving weight to a passage found in a previous opinion. There are many. One is that the passage was unnecessary to the outcome of the earlier case and therefore perhaps not as fully considered as it would have been if it were essential to the outcome. A closely related reason is that the passage was not an integral part of the earlier opinion — it can be sloughed off without damaging the analytical structure of the opinion, and so it was a redundant part of that opinion and, again, may not have been fully considered. Still another reason is[*293] that the passage was not grounded in the facts of the case and the judges may therefore have lacked an adequate experiential basis for it; another, that the issue addressed in the passage was not presented as an issue, hence was not refined by the fires of adversary presentation. All these are reasons for thinking that a particular passage was not a fully measured judicial pronouncement, that it was not likely to be relied on by readers, and indeed that it may not have been part of the decision that resolved the case or controversy on which the court’s jurisdiction depended (if a federal court).
These reasons come together in demonstrating that the passage we quoted from Yancey was dictum. Since the evidence that a condition of probation had been violated was strong enough to satisfy the preponderance-of-the-evidence standard, the court had no occasion to consider whether, if it had been only strong enough to satisfy the reasonably-satisfied standard, the defendant’s probation should not have been revoked. Nor (so far as appears from the opinion) was the proper standard made an issue. In these circumstances, it is apparent both that the court was not attempting to change the established standard and that no reasonable interpreter of our decisions would have thought it was and relied accordingly.
Affirmed.