Branham v. Rose

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• noting a split of authority in the standard of review for denial of transfer to a tribal court
• noting a split of authority in the standard of review for denial of transfer to a tribal court
• reviewing a good cause determination for \substantial competent evidence to support the trial court's decision that good cause existed not to transfer the case to the tribal court\
• finding that when the tribe was aware of the case and elected not to intervene, the failure to intervene could not be considered a declination of jurisdiction, but it could be used to support a finding of good cause not to transfer the case
• employing same standard of review to 25 U.S.C. § 1912(f)’s requirement of “beyond a reasonable doubt” as that used to review sufficiency of the evidence in a criminal case
• a failure to intervene cannot, by itself, be considered a declination of jurisdiction

Source: CourtListener parenthetical corpus (CC0).