In lieu of granting leave to appeal, the Michigan Supreme Court remanded the issue of whether Petitioner was denied effective assistance of counsel to the court of appeals. People v. Porter, 493 Mich. 972 (2013). On remand, the Michigan Court of Appeals again affirmed the conviction.
The Supreme Court directed this Court to consider "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." People v Porter, 493 Mich 972; 829 NW2d 866 (2013). To establish ineffective assistance of counsel, a defendant must show that counsel's performance fell below an objective standard of reasonableness and that, but for that deficient performance, a different outcome was reasonably probable.