Whether the Due Process Clause imposes any check on an eyewitness's identification of a criminal defendant in the typically suggestive setting of trial where there was no police misconduct but there is nonetheless substantial reason to doubt the witness would identify the defendant in a nonsuggestive setting

QUESTION PRESENTED Whether the Due Process Clause imposes any check on an eyewitness’s identification of a criminal defendant in the typically suggestive setting of trial where there was no police misconduct but there is nonetheless substantial reason to doubt the witness would identify the defendant in a nonsuggestive setting. ii RELATED CASES James Joseph Garner v. People of the State of Colorado, No. 16SC75, Supreme Court of Colorado (March 18, 2018). People of the State of Colorado v. James Joseph Garner, No. No. 12CA2540 (December 15, 2015). People of the State of Colorado v. James Joseph Garner, No. 10CR1565 Adams County (Colorado) District Court (August 20, 2012).