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In re A.P.

Citations

  • 25 Kan. App. 2d 268
  • 961 P.2d 706
  • 1998 Kan. App. LEXIS 72

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).

Judges: Elliott, Marquardt, Wahl

Read full opinion on CourtListener

Cited by

21 cases in this archive cite this case; the 20 most cited are listed.

Cites

14 cases in this archive are cited by this case.

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Sourced from CourtListener / Free Law Project (CC0).

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