
    PEOPLE v TINSKEY (ON REMAND) PEOPLE v WILLIAMS (ON REMAND)
    Criminal Law — Defenses—Entrapment—Case Law — Retroactive Application.
    The Court of Appeals, in considering a defense of entrapment in the light of new standards set forth in a Supreme Court decision, declines to give the decision retroactive effect where the defendants in the present case were convicted 2-1/2 years prior to the announcement of the new standards, and under the applicable prior standards the defense of entrapment was not established as a matter of law.
    Appeal from Kent, Roman J. Snow, J.
    Submitted Division 3 May 11, 1973, at Grand Rapids.
    (Docket No. 11582.)
    Decided June 24, 1974.
    Leave to appeal applied for.
    Gerald W. Tinskey and John F. Williams were convicted of conspiracy to commit abortion. Defendants appealed. Affirmed, 49 Mich App 497 (1973). Remanded by the Supreme Court for reconsideration of the defense of entrapment, 391 Mich 810 (1974).
    Affirmed.
    
      Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, James K Miller, Prosecuting Attorney, Donald A. Johnston, III, Chief Appellate Attorney, and Robert A. Marsac, Assistant Appellate Attorney, for the people.
    
      Philip A. Gillis, for defendants on appeal.
    Reference for Points in Headnote
    21 Am Jur 2d, Criminal Law §§ 143-145.
    
      Before: Danhof, P. J., and McGregor and Miles, JJ.
    On Remand
    
      
       Circuit judge, sitting on the Court of Appeals by assignment.
    
   Danhof, P. J.

This cause was remanded to our Court by order of the Supreme Court dated April 18, 1974, for reconsideration in light of People v Turner, 390 Mich 7; 210 NW2d 336 (1973). The first decision by this Court is reported at 49 Mich App 497; 212 NW2d 263 (1973).

In Turner, our Supreme Court rejected the subjective test for entrapment and accepted Justice Stewart’s dissenting opinion in United States v Russell, 411 US 423; 93 S Ct 1637; 36 L Ed 2d 366 (1973).

This Court upon remand has reconsidered this cause in light of Turner and does hereby reaffirm its original opinion affirming defendants’ convictions of conspiracy to commit abortion in violation of MCLA 750.14; MSA 28.204 and MCLA 750.157a; MSA 28.354(1). Defendants were convicted, by a jury of this offense on February 10, 1971. The Turner case was decided in September of 1973, approximately 2-1/2 years later. In People v Gaines, 53 Mich App 443; 220 NW2d 76 (1974), a panel of this Court held that Turner was to be applied prospectively:

"We hold that until the Supreme Court clearly mandates that Turner is to be applied retroactively, we must approach this on the basis of the standards which were applicable prior to Turner. To do otherwise would have a highly detrimental effect on the administration of justice. This seriously disruptive effect predisposes a prospective application, in a fashion not dissimilar to the United States Supreme Court’s refusal to apply Miranda and Escobedo retroactively.”

In this cause, under the standards applicable prior to Turner, we cannot say as a matter of law that defendants were entrapped.

Affirmed.

McGregor, J., concurred.

Miles, J., did not participate.  