United States v. John Allan Crawley, 837 F.2d 291 (7th Cir. 1988). · Go Syfert
United States v. John Allan Crawley, 837 F.2d 291 (7th Cir. 1988). Cases Citing This Book View Copy Cite
Quick Summary

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After a defendant's probation was revoked, the court addressed whether a prior judicial statement requiring a preponderance of the evidence standard for revocation hearings constituted a change in the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.

293 citation events (191 in the last 25 years) across 39 distinct courts.
Treatment trajectory · 1988 → 2026 · click a year to view as-of
1988 2007 2026
Cited for
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))4 citing courts put it this way · 98 listed here
  • Murphy v. Bailey, 794 F. Supp. 3d 556 (C.D. Ill. 2025).published 2 cites
    (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 2 cites
    ([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 2 cites
    (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).published
    J., 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).unpublished
    Dictum 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.unpublished
    See 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
At page 293 Determining when judicial statements constitute dictum27 citing cases“refined by the fires of adversary presentation.”9 citing courts quote it · 23 listed here
  • Mitchell v. Doherty, 530 F. Supp. 3d 744 (N.D. Ill. 2021).published 5 cites
    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).published
    Whether 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).published
    Dictum 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 3 cites
    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 3 cites
    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 2 cites
    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 2 cites
    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
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 cases4 citing courts quote it · 3 listed here
Retrieving the full opinion text from the archive…
UNITED STATES of America, Plaintiff-Appellee,
v.
John Allan CRAWLEY, Defendant-Appellant
87-1967.
Court of Appeals for the Seventh Circuit.
Jan 7, 1988.
Published opinion
837 F.2d 291
1988 U.S. App. LEXIS 522
1988 WL 2460
David J. Ryan, Danville, Ill., for defendant-appellant., Frances C. Hulin, U.S. Atty. Office, Dan-ville, Ill., for plaintiff-appellee.
Posner, Easterbrook, Kanne.
Cited by 181 opinions  |  Published
POSNER, Circuit Judge.

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.