Bertram Thomas Combs
Judge Combs no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Combs decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
Defers to an agency's reasonable inference when the record permits it, even if another inference appears more plausible.
“if the inference or conclusion found by the Board that the statement constituted a threat is a reasonable one, which it was permissible for the Board to make, its conclusion will not be set aside on review, even though a different inference or conclusion may seem more plausible and reasonable to us.”
Requires a genuine factual dispute to be developed rather than resolved through premature dismissal.
“A sharp factual issue is presented by Marmet’s contention that it had been unable to install the curtain wall because the building had not been constructed according to specifications. It is entitled to an opportunity to develop that issue.”
Procedural preferences
Treats coram nobis as an extraordinary remedy with narrowly limited jurisdiction.
“It is an extraordinary writ and jurisdiction of the court to grant relief is of limited scope.”
Distinguishes a premature pre-indictment suppression appeal from an independently appealable request to return seized property.
“However, since no criminal charges have been filed against appellant, the motion to return the seized property is an independent proceeding from which an appeal may be taken.”
Cautions
Rejects race-based teacher selection and assignment under the Fourteenth Amendment.
“At this date it is beyond contention that the Fourteenth Amendment to the United States Constitution forbids the selection and assignment of teachers on the basis of race.”
Declines to decide issues that were not presented to the administrative body or the trial court.
“Since this question was not raised before the Board or the District Court, we decline to decide it on this appeal.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“Reversed and remanded for proceedings consistent with this opinion.”
“Reversed and remanded for proceedings consistent with this opinion.”
“We are of the opinion that the order of the Board should be and it is ordered to be enforced.”
“For the reasons set forth in Judge Smith’s opinion, the judgment is affirmed.”
A historical record
Judge Combs 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.