Order Michigan Supreme Court
Lansing, Michigan
May 1, 2013 Robert P. Young, Jr.,
Chief Justice
146381 & (92) Michael F. Cavanagh
Stephen J. Markman
Mary Beth Kelly
Brian K. Zahra
Bridget M. McCormack
PEOPLE OF THE STATE OF MICHIGAN, David F. Viviano,
Plaintiff-Appellee, Justices
v SC: 146381
COA: 298474
Washtenaw CC: 09-000365-FC
MARK ANTHONY PORTER,
Defendant-Appellant.
_________________________________________/
On order of the Court, the motion to file pro per supplement is GRANTED. The
application for leave to appeal the October 23, 2012 judgment of the Court of Appeals is
considered and, pursuant to MCR 7.302(H)(1), in lieu of granting leave to appeal, we
REMAND this case to the Court of Appeals for consideration of the issue raised by the
defendant but not addressed by that court during its initial review of this case: whether
the defendant was denied effective assistance of counsel because his trial counsel failed
to object to the circuit court’s unjustified shackling of the defendant during trial. See
Deck v Missouri, 544 US 622, 629; 125 S Ct 2007; 161 L Ed 2d 953 (2005). In all other
respects, leave to appeal is DENIED, because we are not persuaded that the remaining
questions presented should be reviewed by this Court.
I, Corbin R. Davis, Clerk of the Michigan Supreme Court, certify that the
foregoing is a true and complete copy of the order entered at the direction of the Court.
May 1, 2013 _________________________________________
p0424 Clerk