Wis. Stat. » CHAPTER 752 — COURT OF APPEALS
Wisconsin Statutes

Wis. Stat. § 752.41 (2026)

Decisions

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752.41752.41 Decisions.
752.41(1)(1) In each case, the court of appeals shall provide a written opinion containing a written summary of the reasons for the decision made by the court.
752.41(2)(2) Officially published opinions of the court of appeals shall have statewide precedential effect.
752.41(3)(3) The supreme court shall determine by rule the manner in which the court of appeals determines which of its decisions shall be published.
752.41 HistoryHistory: 1977 c. 187.
752.41 AnnotationOnly the supreme court has the power to overrule, modify, or withdraw language from a published opinion of the court of appeals. Cook v. Cook, 208 Wis. 2d 166, 560 N.W.2d 246 (1997), 95-1963.
752.41 AnnotationWhen a court of appeals disagrees with a prior published court of appeals opinion, the court of appeals has two and only two options: 1) it may certify the appeal to the supreme court and explain why it believes the prior opinion is wrong; or 2) it may decide the appeal, adhering to the prior opinion, and explain why it believes the prior opinion is wrong. Wisconsin Voter Alliance v. Secord, 2025 WI 2, 414 Wis. 2d 348, 15 N.W.3d 872, 23-0036.
752.41 AnnotationThe Noncitation Rule and the Concept of Stare Decisis. Walther. 61 MLR 581 (1978).
Notes of Decisions
Cited in 52 cases (6 in the last 5 years), 1978–2025 · leading case: David M. Marks v. Houston Cas. Co., 2016 WI 53 (Wis. 2016).
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David M. Marks v. Houston Cas. Co., 2016 WI 53 (Wis. 2016). · cites it 4× “34 Whether a later case misinterpreted 34 Determining the theoretical validity of this principle would likely require interpretation of Article VII of the Wisconsin Constitution ("Judiciary") and Wis. Stat. § 752.41 ("Decisions"). See, e.”
Coulee Catholic Schs. v. Labor & Indus. Review Comm'n, 2009 WI 88 (Wis. 2009). · cites it 8× “Cook , we stated, "[ Wis. Stat. § 752.41 (2)] provides that officially published opinions of the court of appeals shall have statewide precedential effect.”
State v. David W. Howes, 2017 WI 18 (Wis. 2017). · cites it 4× “Wis. Stat. § 752.41 (2). We should not overrule precedent without a compelling justification.”
State v. Stuart, 2003 WI 73 (Wis. 2003). · cites it 6× “Further, although the court of appeals is required to include a written opinion with reasons for its decision, see Wis. Stat. § 752.41 (1), [7] there is not an identical rule for the Wisconsin Supreme Court.”
Lands' End, Inc. v. City of Dodgeville, 2016 WI 64 (Wis. 2016). · cites it 6× “§ 752.41 (2) (2013-14). We overrule the Johnson decision.”
Marathon Cnty. v. D. K., 2020 WI 8 (Wis. 2020). · cites it 2× “See Wis. Stat. § 752.41 (2). Neither party asks us to overrule it.”
State v. Navdeep S. Brar, 2017 WI 73 (Wis. 2017). · cites it 4× “Wis. Stat. § 752.41 . The lead opinion should abide by Padley, overturn it, or distinguish it.”
State Ex Rel. Angela M.W. v. Kruzicki, 561 N.W.2d 729 (Wis. 1997). · cites it 6× “" Wis. Stat. § 752.41 (2); Wolf v. F & M Banks, 193 Wis.”
In Re Marriage of Cook v. Cook, 560 N.W.2d 246 (Wis. 1997). · cites it 2× “Wis. Stat. § 752.41 (2) (1995-96). See also Wis.”
AllEnergy Corp. v. Trempealeau Cnty. Env't & Land Use Comm., 2017 WI 52 (Wis. 2017). · cites it 3× “2015AP491 ¶56 No Wisconsin case has concluded that the proper inquiry for a local government entity in considering an application for a conditional use permit is whether the conditional use carries adverse impacts greater than the adverse impacts ordinarily associated with that…”
Weiss v. United Fire & Cas. Co., 541 N.W.2d 753 (Wis. 1995). · cites it 2× “See also Wis. Stat. § 752.41 (2) (1993-94). 6 United Fire's claims supervisor, whom the plaintiff called as an adverse witness during his case in chief, admitted that she had never verified Miller's qualifications.”
Manitowoc Cnty. v. Samuel J. H., 2013 WI 68 (Wis. 2013). · cites it 4× “that directly conflicts with the plain language of the statute.”
Show all 52 citing cases →
— Wis. Stat. § 752.41(1) — 4 cases
State v. Stuart, 2003 WI 73 (Wis. 2003). “Further, although the court of appeals is required to include a written opinion with reasons for its decision, see Wis. Stat. § 752.41 (1), [7] there is not an identical rule for the Wisconsin Supreme Court.”
Lindas v. Cady, 499 N.W.2d 692 (Wis. Ct. App. 1993).
State v. Jenich, 288 N.W.2d 114 (Wis. 1980).
State Ex Rel. Parker v. Fiedler, 509 N.W.2d 440 (Wis. Ct. App. 1993).
— Wis. Stat. § 752.41(2) — 25 cases
Kimps v. Hill, 523 N.W.2d 281 (Wis. Ct. App. 1994).
Linville v. City of Janesville, 497 N.W.2d 465 (Wis. Ct. App. 1993).
State Ex Rel. Angela M.W. v. Kruzicki, 561 N.W.2d 729 (Wis. 1997). “" Wis. Stat. § 752.41 (2); Wolf v. F & M Banks, 193 Wis.”
State v. Clark, 507 N.W.2d 172 (Wis. Ct. App. 1993).
State v. King, 555 N.W.2d 189 (Wis. Ct. App. 1996).
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.