Is the Roe v. Flores-Ortega test for a non-frivolous appeal issue a case of first impression?

QUESTIONS PRESENTED This is a criminal case, which involves issues regarding ineffective assistance of counsel, frivolity, and first impression. 1. Is the Roe v. Flores-Ortega test fora _ non-frivolous appeal issue a case of ; . First Impression? Roe v. FloresOrtega, 528 U.S. 470, (2000). | 2. What is the test for a non-frivolous ' issue, lacking any arguable legal points of merit or lacking any basis in law or fact? 3. What is the definition of arational defendant as described in Roe v. . Flores-Ortega, 528 U.S. 470, (2000) and must that include the ‘totality of circumstances’? i