Opinion
Docket No. 145702. COA No. 301762.
2013-02-6
PEOPLE of the State of Michigan, Plaintiff–Appellant, v. Charles Henry ARTHUR, Defendant–Appellee.
Prior report: Mich.App., 2012 WL 2402048.
Order
On order of the Court, the application for leave to appeal the June 26, 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 Saginaw Circuit Court for an evidentiary hearing regarding the decision to keep the defendant in shackles during the trial. We ORDER the trial court to articulate with particularity, on the record, its reasons for requiring the defendant to wear shackles at his jury trial. The court shall receive evidence and make findings of fact regarding: (1) whether the physical restraints were justified under Deck v. Missouri, 544 U.S. 622, 125 S.Ct. 2007, 161 L.Ed.2d 953 (2005), and (2) whether those restraints were visible to any jurors, either during jury selection or afterward. We DIRECT the trial court to commence the hearing within 35 days of the date of this order. We further ORDER that court to submit a transcript of the hearing, along with its findings of fact and conclusions of law, to the Clerk of this Court within 28 days of the conclusion of the hearing.
We retain jurisdiction.