Sundeen v. Kroger

I concur with this decision because we are bound by precedent to conclude that the district court’s conviction of Mr. Sundeen required that the trial court also find that probable cause existed for the institution of the proceedings. I write separately to emphasize that the cases which are directly on point, and which we are bound to follow, contradict the purpose of de novo review by the circuit court and result in the anomaly of one circuit court being bound by a lower court’s ruling. It is a situation which the supreme court should review and resolve.

De novo review provides due process and…