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160 Conn. 555

State v. Clark

Supreme Court of Connecticut

Decided November 18, 1970

Supreme Court of Connecticut · decided 1970-11-18

Key passage — most relied on by later courts

“[The Appellate Court] cannot find facts or draw conclusions of fact from primary facts found, but can only review such findings to determine whether they could legally, logically and reasonably be found thereby establishing that the trial court could reasonably conclude as it did. . . . It is . . . not the onus of this court to search the record and transcripts to determine whether the trier of fact could have reached a conclusion other than the one it did. Rather, this court must focus on the conclusion of the trial court, as well as the path by which it arrived at that conclusion, to determine whether it is legally correct and factually supported.”

quoted by 2 later decisions, including Clark v. Nickeson, 135 Conn. App. 506 - Worth v. Commissioner of Transportation

Relies on State v. Hudson · Wiegert v. Pequabuck Golf Club, Inc.

Good law ✅— No negative treatment on recordhow we know

Decided 1970-11-18

How this case has been cited

Cited by 23 later decisions — most recently May 2012

1 district · 22 state decisions

9019701980199020002010decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Per Curiam.

¶1This matter comes before us on a “Petition for an Expedited and Preferential Bond Review” dated November 9, 1970. The petitioner has alleged many facts wholly unsupported by any record or finding. He concludes with a claim that he has been denied his right to release on reasonable bail in contravention of his rights under the federal and state constitutions. By way of relief he “petitions this Court to order his release on a reasonable bond to be set by this Court” and “respectfully requests that this petition for review of bond be set down for an expedited and preferential hearing on or before Friday, November 13,1970 at Hartford Superior Court at 10:00 in the forenoon.”

¶2*556This brief recital suffices to indicate the serious inadequacies and deficiencies of the petition. Nevertheless, we have considered the subject matter as though it had properly been made as a motion for review of an order fixing the amount of bail under the provisions of § 694 of the Practice Book. In so doing, it appears that there is no record before us from which we can review the alleged action and ruling of the court below and there is no finding of facts or conclusions of law by which the exercise of discretion by the court below can be tested. See Practice Book § 609; State v. Hudson, 154 Conn. 631, 638, 228 A.2d 132. Consequently, a decision on the merits is impossible.

¶3“ ‘This court cannot find facts, nor, in the first instance, draw conclusions of facts from primary facts found, but can only review such findings to see whether they might legally, logically and reasonably be found.’ ” Wiegert v. Pequabuck Golf Club, Inc., 150 Conn. 387, 391, 190 A.2d 43; State v. Hudson, supra, 634.

¶4A petition that this appellate court itself set a reasonable bond or within four days of receipt of a petition adjourn to the Superior Court for an expedited and preferential hearing on a “petition for review of bond” requires no further comment.

¶5The petition is dismissed.

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