State v. Owen Budd, 2007 WI App 245
For Budd: Steven P. Weiss, SPD, Madison Appellate
Issue/Holding: Review of a published court of appeals’ decision by the supreme court leaves intact any portion of the opinion not reversed, ¶13 n. 4, citing State v. Jones, 2002 WI App 196, ¶40.
Jones itself holds:
We agree with the State that this exact claim has already been rejected in State v. Dowe, 197 Wis. 2d 848, 852, 541 N.W.2d 218 (Ct. App. 1995), rev’d on other grounds, 207 Wis. 2d 129, 557 N.W.2d 812 (1997), and that we are bound byDowe. See Cook v. Cook, 208 Wis. 2d 166, 189-90, 560 N.W.2d 246 (1997). Although Dowe was reversed on other grounds, its double jeopardy holding remains good law. See State v. Byrge, 225 Wis. 2d 702, 717-18 n.7, 594 N.W.2d 388 (Ct. App. 1999) (“[H]oldings not specifically reversed on appeal retain precedential value.”).
