Here are the materials in MacLeod v. Braman (E.D. Mich.):
19 DCT Order Denying Motion to Appoint Counsel
Michigan COA decision:
Here are the materials in MacLeod v. Braman (E.D. Mich.):
19 DCT Order Denying Motion to Appoint Counsel
Michigan COA decision:
Here.
As set forth above, the relevant provisions of the ICWA and the MIFPA are essentially identical; that is, each requires proof by “clear and convincing evidence” to remove an Indian child and place him or her into foster care, 25 USC § 1912(e), MCL 712B.15(2); proof sufficient to satisfy the trial court that active efforts have been made to terminate parental rights, 25 USC § 1912(d), MCL 712B.15(3); and proof “beyond a reasonable doubt” that continued custody will harm the child, 25 USC § 1912(f); MCL 712B.15(4). Thus, as with its federal counterpart, the Legislature, in enacting the MIFPA, set forth specific evidentiary standards in MCL 712B.15(2) and (4), while declining to do so in MCL 712B.15(3). The inevitable conclusion, therefore, is that, like Congress, the Legislature intended for the “default” evidentiary standard applicable in child protective proceedings—i.e. clear and convincing evidence—to apply to the findings required under MCL 712B.15(3) as to whether “active efforts” were made to prevent the breakup of the Indian family. Accord In re JL, 485 Mich. at 318–319; In re Roe, 281 Mich. at 100–101. Therefore, because a default standard of proof applies to MCL 712B.15(3), it is not unconstitutionally vague.
Here:
SSM Mandatory Trust Filing Lansing final 20140610
An excerpt:
The Sault Ste. Marie Tribe of Chippewa Indians of Michigan (the “Sault Tribe” or “Tribe”) tenders this submission for a mandatory fee-to-trust acquisition of two parcels of land located in Lansing, Michigan:
(1) The “Corner Parcel,” a 0.43 acre parcel acquired by the Tribe on November 1, 2012, and
(2) The “Showcase Parcel,” a nearby 2.26 acre parcel that the Tribe has committed to acquire under an existing contract of purchase with the City of Lansing, Michigan.
The Tribe has acquired the Corner Parcel and will acquire the Showcase Parcel using interest or other income generated by the Tribe’s Self-Sufficiency Fund, established pursuant to section 108 of the Michigan Indian Land Claims Settlement Act (“MILCSA”), Pub. L. No. 105-143, 111 Stat. 2652 (1997). Under Section 108(f) of MILCSA, “[a]ny lands acquired using amounts from interest or other income of the Self-Sufficiency Fund shall be held in trust by the Secretary for the benefit of the [Sault] Tribe.” 111 Stat. at 2661-2662. The Secretary is thus required to accept the Parcels in trust.
Ex 1 Warranty Deed to Corner Parcel
Ex 2 Title Policy for Corner Parcel
Ex 3 Comprehensive Development Agrmt
Ex 4 Showcase Title Commitment & Proposed Warranty Deed
Ex 5 Legal Description & ALTA Survery for Corner Parcel
Ex 6 Legal Description & ALTA Survery for Showcase Parcel
Ex 8 ST Bd Resolution 2012-11Auth Lansing CDA
Ex 9 ST Bd Resolution 2012-223 Auth Closing on Corner Parcel
Here:
SSM Mandatory Trust Filing New Boston final 20140610
An excerpt:
The Sault Ste. Marie Tribe of Chippewa Indians of Michigan (the “Sault Tribe” or “Tribe”) tenders this submission for a mandatory fee-to-trust acquisition of a parcel of land located in Huron Charter Township, Wayne County, Michigan (the “Sibley Parcel” or “Parcel”) under an existing contract of purchase. The Parcel is a 71 acre parcel of land located within 2 miles of other land currently owned by the Tribe in Huron Charter Township.
The Tribe will acquire the Parcel using interest or other income generated by the Tribe’s Self-Sufficiency Fund, established pursuant to section 108 of the Michigan Indian Land Claims Settlement Act (“MILCSA”), Pub. L. No. 105-143, 111 Stat. 2652 (1997). Under Section 108(f) of MILCSA, “[a]ny lands acquired using amounts from interest or other income of the Self-Sufficiency Fund shall be held in trust by the Secretary for the benefit of the [Sault] Tribe.” 111 Stat. at 2661-2662. The Secretary is thus required to accept the Parcel in trust.
Ex 1 Purchase & Sale – Sibley Final Executed
Ex 2 Title Commitment & Proposed Warranty Deed
Ex 3 Tribal Resolution 2012-250 & 2013-138
Ex 4 Legal Description & Survey
Ex 6 Affidavit of CFO Connolly – Sibley