People of Michigan v. Dametrius Benjamin Posey

Summary

The Court held that due-process screening applies when a witness identifies a defendant for the first time at trial because the prosecution's elicitation of that identification may create an unnecessarily suggestive procedure. Posey nevertheless was not entitled to reversal because the identification issue was unpreserved and he failed to establish plain error affecting substantial rights or ineffective assistance of counsel. The Court also held that defendants may seek appellate review of within-guidelines sentences, which receive only a rebuttable presumption of proportionality, and remanded for reasonableness review.