Elbert Parr Tuttle
Judge Tuttle no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Tuttle decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
Treats racial identification in jury-source lists combined with substantial disparity in the resulting venire as grounds for a new trial.
“We conclude, therefore, that the trial court did not err in granting the rule absolute and remanding the petitioner to the Superior Court of Fulton County for a new trial within a reasonable time, determined by the trial court to be a period of four months from a final decision in this case.”
Construes genuinely ambiguous insurance language in favor of the insured.
“That if the language of an insurance policy admits of more than one construction, that most favorable to the insured must be adopted”
Procedural preferences
Requires an evidentiary hearing on a collateral attack unless the existing motion, files, and record conclusively foreclose relief.
“Whether he entered the plea voluntarily through his counsel and whether he did so with an understanding of the nature of the offense under the particular circumstances here present are questions of fact which must be resolved by the trial court on a hearing.”
Does not permit dismissal of class allegations solely because the named representative loses his individual claim.
“In that case, this Court held that it is not proper for a trial court to dismiss a class action solely on the basis of a preliminary determination that the single named plaintiff purporting to represent the class is not entitled to relief on the merits of his individual claim.”
Cautions
Suspicion and association with wrongdoers do not substitute for evidence sufficient to submit a criminal conspiracy charge to the jury.
“Mere suspicion is, of course, not sufficient to warrant the submission of a criminal case to a jury.”
Declines to apply a new environmental-review requirement where a project was already overwhelmingly completed and committed before the statute took effect.
“It is simply unreasonable to assume that Congress intended that at this point in time, construction should halt, an environmental impact study should be made, and the highway possibly be rerouted.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“The petition is granted to the extent that the Commission is directed to reopen these proceedings to afford petitioner reasonable opportunity to adduce such evidence as they may be advised is relevant to the inquiry whether the proposed rate is just and reasonable. In all other respects the petition is denied.”
“The petition is granted to the extent that the Commission is directed to reopen these proceedings to afford petitioners reasonable opportunity to adduce such evidence as they may be advised is relevant to the inquiry whether the proposed rate of 16 cents plus 1 cent state tax is just and reasonable. In all other respects the petition is Denied.”
“The judgment is reversed and the cause remanded for the entry of judgment in favor of the United States for the amount of insurance funds held in escrow.”
“No error being shown, the judgment is affirmed.”
“The judgment of the Tax Court is reversed and the case remanded for entry of judgment in favor of petitioners.”
A historical record
Judge Tuttle no longer hears cases. This profile stays available as a record of how they ruled. If you're preparing for a matter, start from the court's current bench.