Opinion
Docket No. 146381. COA No. 298474.
2013-05-1
PEOPLE of the State of Michigan, Plaintiff–Appellee, v. Mark Anthony PORTER, Defendant–Appellant.
Prior report: Mich.App., 2012 WL 5233606.
Order
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 U.S. 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.