What is the legal test for establishing a standard of review for the use of deadly force?

9. For instance, in Vera Cruz v. City of Escondido, 139 F.3d 659, 661 (9th Cir. 1998), we noted that, where three previous cases had refrained from announcing a legal standard for the use of deadly force, their remarks could not be taken as settling the question. Likewise, in United States v. Crespo de Llano, 830 F.2d 1532, 1541 n.2 (9th Cir. 1987), we noted that an earlier panel had expressly not decided a standard of review, and so its discussion must be regarded as dicta. In both cases, we measured dicta based on whether the earlier panel intended to decide the issue, not whether the discussion was logically necessary to the earlier disposition. Where a panel tells us it's not deciding the question, of course, we take it at its word.

9. For instance, in Vera Cruz v. City of Escondido, 139 F.3d 659, 661 (9th Cir. 1998), we noted that, where three previous cases had refrained from announcing a legal standard for the use of deadly force, their remarks could not be taken as settling the question. Likewise, in United States v. Crespo de Llano, 830 F.2d 1532, 1541 n.2 (9th Cir. 1987), we noted that an earlier panel had expressly not decided a standard of review, and so its discussion must be regarded as dicta. In both cases, we measured dicta based on whether the earlier panel intended to decide the issue, not whether the discussion was logically necessary to the earlier disposition. Where a panel tells us it's not deciding the question, of course, we take it at its word.