People v. Allensworth

There are at least four reasons why I do not agree with the per curiam opinion:

1. The pivotal issue was not preserved at trial.

2. The issue was neither briefed nor argued when the matter was appealed to the Court of Appeals in 1973 and conviction was affirmed.1

3. The opinion is based upon the full retroactivity of our decision in People v Reed, 393 Mich 342; 224 NW2d 867 (1975).

4. Regardless of retroactivity, the facts of this case are unlike those of Reed in important part.

On April 13, 1971, two persons were killed by *72bullet wounds to the head. A third, Charles Dexter, whose afro hairstyle…