People v. Finley

I concur in the adoption of the rule defined in Luce v United States, 469 US 38; 105 S Ct 460; 83 L Ed 2d 443 (1984). I write, however, to express my disagreement with the lead opinion’s disposition of the instant case and with certain other elements of that opinion.

The lead opinion states that "[w]e hold that the Luce rule will apply in any case tried after the release date of this opinion,” and permits review in some cases pending on appeal even where the *527defendant did not testify. I therefore conclude that Luce is being given purely prospective application, and I cpncur with that…