Commonwealth v. Johnson

In 1974 the defendant pleaded guilty to unlawfully carrying a firearm. More than forty years later, he filed a motion to vacate his plea, alleging that he had carried not a firearm, but a "starter's pistol," which "was not capable of discharging a projectile." A Superior Court judge denied the motion without an evidentiary hearing.

On appeal the defendant clarifies that he is claiming ineffective assistance of counsel based on plea counsel's failure to discover evidence that would purportedly show that the firearm was in fact a starter's pistol.2 To prevail on such a claim, the defendant would…