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PEOPLE v. POSEY

No. 162373.

1 N.W.3d 101 (2023)

512 Mich. 317

PEOPLE of the State of Michigan, Plaintiff-Appellee, v. Dametrius Benjamin POSEY, Defendant-Appellant.

Supreme Court of Michigan.

Decided July 31, 2023.

Attorney(s) appearing for the Case

Dana Nessel, Attorney General, Fadwa A. Hammoud, Solicitor General, Kym Worthy, Prosecuting Attorney, Jon P. Wojtala, Chief of Research, Training, and Appeals, Timothy A. Baughman, Special Assistant Prosecuting Attorney, and Gabrielle O'Connor, Assistant Prosecuting Attorney, for the people.

State Appellate Defender (by Adrienne N. Young) for defendant.

Imran J. Syed and David A. Moran, Detroit, for the Michigan Innocence Clinic, amicus curiae.

Leslie E. Scott and Jelani Jefferson Exum, amicus curiae.

BEFORE THE ENTIRE BENCH.

OPINION

Two important issues are considered in this case. The first issue addresses due-process rights and how prosecuting attorneys may introduce in-court testimony purporting to identify a defendant when the testifying witness had not identified the defendant before trial. The second issue addresses how an appellate court...

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