Opinion
SC: 162373 COA: 345491
09-24-2021
PEOPLE of the State of Michigan, Plaintiff-Appellee, v. Dametrius Benjamin POSEY, Defendant-Appellant.
Order
On order of the Court, the application for leave to appeal the October 22, 2020 judgment of the Court of Appeals is considered. We direct the Clerk to schedule oral argument on the application. MCR 7.305(H)(1).
The appellant shall file a supplemental brief addressing: (1) whether the appellant was denied his right to due process when witness T. B. was allowed to identify him at trial, or denied the effective assistance of counsel when trial counsel failed to object to the witness’ in-court identification testimony; (2) whether the requirement in MCL 769.34(10) that the Court of Appeals affirm any sentence within the guidelines range, absent a scoring error or reliance on inaccurate information, is consistent with the Sixth Amendment, the due-process right to appellate review, and People v Lockridge , 498 Mich. 358, 870 N.W.2d 502 (2015) ; and, if not, (3) whether the appellant's sentence is reasonable and proportionate. The appellant's brief shall be filed by December 20, 2021, with no extensions except upon a showing of good cause. In the brief, citations to the record must provide the appendix page numbers as required by MCR 7.312(B)(1). The appellee shall file a supplemental brief within 21 days of being served with the appellant's brief. A reply, if any, must be filed by the appellant within 14 days of being served with the appellee's brief. The parties should not submit mere restatements of their application papers.
The Prosecuting Attorneys Association of Michigan and the Criminal Defense Attorneys of Michigan are invited to file briefs amicus curiae. Other persons or groups interested in the determination of the issues presented in this case may move the Court for permission to file briefs amicus curiae.
We further direct the Clerk to schedule the oral argument in this case for the same future session of the Court when it will hear oral argument in People v Stewart (Docket No. 162497).