Johnson v. Commonwealth

D. ARTHUR KELSEY, Judge.

This case presents the question whether an appellant’s failure to appeal one of two alternative grounds for a trial court’s decision waives any further appellate review of that decision. We hold that it does, subject to the caveat that the alternative holding must be legally capable — standing alone— of supporting the trial court’s decision.

I

The trial court found Otis Purcell Johnson, Jr., guilty of possession of heroin with intent to distribute. Before trial, Johnson moved to suppress the evidence on the ground that the arresting officer violated the Fourth Amendment…