Sargent v. Smith

4 Citing cases

  1. Brennan v. Brennan Assocs.

    SC19116 (Conn. May. 5, 2015)

    We normally would decline to review the defendants' challenge to the effect of the appellate stay years after the fact and merely because real estate values did not go in the direction the defendants had hoped. Cf. Sargent v. Smith, 272 Conn. 722, 733, 865 A.2d 1129 (2005) (denying plaintiff's claim in second appeal that he would have been entitled to money collected by receiver during pendency of first appeal, and noting that "no equitable considerations warrant a contrary result" because same parties were involved in both actions, that plaintiff could have alerted trial court in first action to his claim, and that plaintiff could have taken appeal challenging actions of receiver when actions actually occurred). I next note that the present case is not about the plaintiff's participation in partnership affairs: that was Brennan I. The present case is about the valuation of the plaintiff's partnership interest.

  2. Brennan v. Brennan Assocs.

    316 Conn. 677 (Conn. 2015)   Cited 11 times

    We normally would decline to review the defendants' challenge to the effect of the appellate stay years after the fact and merely because real estate values did not go in the direction the defendants had hoped. Cf. Sargent v. Smith, 272 Conn. 722, 733, 865 A.2d 1129 (2005) (denying plaintiff's claim in second appeal that he would have been entitled to money collected by receiver during pendency of first appeal, and noting that “no equitable considerations warrant a contrary result” because same parties were involved in both actions, that plaintiff could have alerted trial court in first action to his claim, and that plaintiff could have taken appeal challenging actions of receiver when actions actually occurred).I next note that the present case is not about the plaintiff's participation in partnership affairs: that was Brennan I. The present case is about the valuation of the plaintiff's partnership interest. Partnership law is not the only area of law in which a judgment effects a change in the parties' relationship and sets a date on which to value the parties' assets.

  3. Verspyck v. Franco

    274 Conn. 105 (Conn. 2005)   Cited 34 times
    In Verspyck v. Franco, 274 Conn. 105, 874 A.2d 249 (2005), the Connecticut Supreme Court said: "Whether there was a full and fair disclosure of material facts as required by the advice of counsel defense is a question of fact"; Id., 112, and quoting Mulligan v. Rioux, 229 Conn. 716, 748, 643 A.2d 1226 (1994), that a "jury was free to conclude that the defendants had not made a full and fair disclosure of the material facts within their knowledge to the prosecuting attorneys.

    (Internal quotation marks omitted.) Sargent v. Smith, 272 Conn. 722, 728-29, 865 A.2d 1129 (2004). "We do not examine the record to determine whether the trier of fact could have reached a conclusion other than the one reached."

  4. State v. Ross

    873 A.2d 131 (Conn. 2005)   Cited 7 times
    Reviewing finding that Ross was competent to waive further challenges to his death sentence

    See Demosthenes v. Baal, supra, 495 U.S. 735; Rumbaugh v. Procunier, supra, 753 F.2d 399. Accordingly, we must determine whether the trial court's finding that the defendant was competent to waive further challenges to his death sentences was clearly erroneous. See Sargent v. Smith, 272 Conn. 722, 728, 865 A.2d 1129 (2005) (trial court's factual finding is reversible only if clearly erroneous). The only colorable claim of governmental coercion was the suggestion in earlier proceedings that the defendant might suffer from "death row syndrome."