People of Michigan v. Dametrius Benjamin Posey

Summary

The Court held that due process requires reliability screening when the prosecution elicits a defendant’s first identification by a witness at trial, even without an improper pretrial police procedure, but affirmed the convictions because the unpreserved claim did not satisfy plain-error prejudice requirements and counsel was not ineffective. The Court also held that defendants may challenge the proportionality and reasonableness of within-guidelines sentences, severed the statutory requirement that appellate courts affirm such sentences, and remanded for review under a rebuttable presumption of proportionality.