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State ex rel. Tran v. Speech, 2009AP559-CR, District II, 3/31/2010

court of appeals decision; pro se; Resp. Br.

Appellate Procedure – Record Document not Included on Appeal
¶8 n.7:

To any extent that it is relevant to our analysis, we assume that the missing transcript of the March 23, 2009 hearing on the merits supports the circuit court’s ruling. See Fiumefreddo v. McLean, 174 Wis. 2d 10, 26-27, 496 N.W.2d 226 (Ct. App. 1993) (On appeal, we are “bound by the record as it comes” to us and “when an appellate record is incomplete in connection with an issue raised by appellant, we must assume that the missing material supports the circuit court’s ruling.”).

Statutes – Construction – Admin Code Provision
Construing an administrative code provision “out of harmony” with the statutes would be “a mere nullity,” ¶21 n. 14, citing Seider v. O’Connell, 2000 WI 76, ¶26 (which itself also says, at the pinpoint cite: “Our first duty is to the legislature, not the agency. … Even if we accorded the agency that promulgated a rule great weight deference, we would not uphold a rule that directly contravenes the words of a statute.”).

SVP – Confinement Conditions – Minimum Wage Law
SVP “patients” aren’t required to be paid minimum wage rates for their “therapeutic labor,” ¶¶10, et seq. Sanders v. Hayden, 544 F.3d 812 (7th Cir. 2008); Bennett v. Frank, 395 F.3d 409 (7th Cir. 2005), followed.

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