People of Michigan v. Charles Henry Arthur ( 2013 )

Order Michigan Supreme Court
Lansing, Michigan
February 6, 2013 Robert P. Young, Jr.,
Chief Justice
145702 Michael F. Cavanagh
Stephen J. Markman
Mary Beth Kelly
Brian K. Zahra
Bridget M. McCormack,
PEOPLE OF THE STATE OF MICHIGAN, Justices
Plaintiff-Appellant,
v SC: 145702
COA: 301762
Saginaw CC: 03-022744-FC
CHARLES HENRY ARTHUR,
Defendant-Appellee.
____________________________________/
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 US 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.
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.
February 6, 2013 _________________________________________
h0130 Clerk