People v. Johnson

Opinion

GARDNER, P. J.

In this case we reject a concept which has crept into our judicial literature—the “arguable-but-unmeritorious” issue on appeal. We hold that an arguable issue on appeal consists of two elements. First, the issue must be one which, in counsel’s professional opinion, is meritorious. That is not to say that the contention must necessarily achieve success. Rather, it must have a reasonable potential for success. Second, if successful, the issue must be such that, if resolved favorably to the appellant, the result will either be a reversal or a modification of the judgment.

Some…