Legal Opinion

Commonwealth v. Decarvalho

Massachusetts Appeals Court

Decided April 17, 2018No. 16–P–1526Published

1Opinion of the Court

Following a jury trial in the Superior Court, the defendant, Janito Decarvalho, was convicted of unlawful possession of a shotgun, unlawful possession of ammunition, and three drug-related offenses.2 On appeal, he contends, among other things: (1) there was insufficient evidence to support his conviction of unlawful possession of a shotgun; (2) the judge should have allowed his motion for a new trial; (3) the judge erred in denying his motion to suppress evidence; and (4) the judge made improper remarks at sentencing. We affirm.

Background. The jury could have found the following facts. In the…

2Cases cited24 opinions

  1. Aguilar v. TexasSupreme Court of the United States · 1964
  2. Spinelli v. United StatesSupreme Court of the United States · 1969
  3. Commonwealth v. UptonMassachusetts Supreme Judicial Court · 1985
  4. Commonwealth v. DomanskiMassachusetts Supreme Judicial Court · 1954
  5. Commonwealth v. MontanezMassachusetts Supreme Judicial Court · 1991

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