Mich. COA Decides ICWA-Related Case

The opinion in In the Matter of Coyle is here. The Court of Appeal concluded that ICWA’s tribal notice requirements did not apply. An excerpt:

Finally, respondent argues that petitioner should have notified the Cherokee tribe, and there was insufficient evidence that any tribe was notified. ***

In the present case, respondent stated during the preliminary hearing that her grandparents were Cherokee Indians. However, she never mentioned the Cherokee tribe again and never objected to references to the Chippewa Tribe of Sault Ste. Marie in several later hearings. Her statement that her father tried to get her grandparents’ tribe involved in 2003, followed by references to the Chippewa tribe trying to get involved in 2003, strongly indicated that her grandparents’ tribe was actually the Chippewa and she was mistaken when she called it Cherokee. Respondent did not give the trial court reason to believe her children might actually be members of a Cherokee tribe, in light of her repeated failure to object to references to the Chippewa and failure to request that another tribe or the Bureau of Indian Affairs be notified. Respondent also did not question petitioner’s assertions that the Chippewa tribe was contacted. Petitioner’s unchallenged assertions constitute sufficient evidence that notice occurred. The trial court did not commit any error requiring reversal.

Michigan Supreme Court Grants Leave to Appeal in In re Lee

This is an ICWA case involving the meaning of “active efforts” under Michigan law. The petitioner is the Michigan Dept. of Human Services, and tribe involved is the Sault Tribe. The docket number is 137653. Here are the opinions from the Michigan Court of Appeals:

in-re-lee-per-curiam-opinion

in-re-lee-partial-concurrence-dissent

From the order granting leave to appeal:

On order of the Court, the application for leave to appeal the October 16, 2008 judgment of the Court of Appeals is considered, and it is GRANTED. The parties shall include among the issues to be briefed (1) whether the term “active efforts” in 25 USC 1912(d) requires a showing that there have been recent rehabilitative efforts designed to prevent the breakup of that particular Indian family; and (2) whether the “beyond a reasonable doubt” standard of 25 USC 1912(f) requires contemporaneous evidence that the continued custody of the Indian child by the parent or Indian custodian is likely to result in serious emotional or physical damage to the child before parental rights may be terminated.

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Soo Tribe v. Bouschor et al. — Michigan Court of Appeals

The Michigan Court of Appeals affirmed, for the most part, the trial court’s decisions not to grant summary disposition of the various claims against former Sault Tribe chairman Bernard Bouschor and several others (Dan Green, Paul Shagen, Jim Jannetta, etc.) involving their severance packages in 2004. The claims against Miller Canfield appear to have been dismissed.

So I suppose the case will go to trial, unless settled. Interesting reading, to say the least….

Here is the opinion.

Bay Mills Resort & Casino v. Gerbig — Gambling Debt Suit

The Michigan Court of Appeals held that Michigan law relating to accounting and cash handling does not apply to Indian gaming operations, the defense raised by a defendant in a claim by the casino for $23,000 in gambling debts. The trial court had awarded $4000. The COA raised that to the full amount. Here is the unpublished opinion.

Michigan Court of Appeals Ruling in ICWA Case

We are told that the following report contains numerous inaccuracies, so please take the description of the case with a grain of salt. The majority opinion is here. The concurring/dissenting opinion is here.

From MIRS:

Federal Law Keeps Indian Mother, Baby Together

A Native American mother with a history of dating abusive men will be allowed to keep her newborn daughter, despite the cries of state social workers that a reunification could put the baby in physical and emotional danger.

The Court of Appeals ruled today that [Mother] should be given custody of 11-month-old [Daughter] based on a strict federal law the stresses the preservation of Indian households.

A ruling signed by appellate judges William WHITBECK and Jane MARKEY reverses a lower court ruling by saying that social workers didn’t do everything it could have under the Indian Child Welfare Act (ICWA) to keep the family together. Continue reading

Michigan COA Case on ICWA

The details of the case are recounted here.

The case is here, and captioned Empson-LaViolette v. Crago, and involves Pokagon Band Potawatomi tribal members.

In re Gaus — Michigan COA Downplays Import of Potawatomi Heritage in Best Interests of Child Analysis

Here is the unpublished opinion.

Michigan Court of Appeals Decides ICWA Case

The case is in the Matter of Cordell Minors (here) and it is unpublished. Like most Michigan ICWA case, the Michigan  COA conditionally affirmed the termination of parental rights pending compliance with the Indian Child Welfare Act. And like so many Michigan ICWA cases, the trial court failed to comply with ICWA by sending proper notice to the relevant tribe(s).

Moses v. State of Michigan (Mich. App.) Materials

As we blogged before, the Michigan Court of Appeals recently decided Moses v. State, in which an Indian sought to overturn his conviction on the basis that the land upon which the crime was committed with Indian Country; specifically, Saginaw Chippewa Indian Country.

Here are the briefs:

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Mich. Bear Hunters Assn v. Mich. Natural Resources Commission — Bobcat Case

The Michigan DNR’s attempt to authorize a bobcat trapping season has been approved by the Michigan Court of Appeals, reversing a lower court judge that had enjoined the rule:

Michigan Bear Hunters v. Michigan Natural Resources Commission [Mich. Ct. App.]

Lower Court Injunction [Ingham Cty. Ct.]