Rhode Island v. Viveiros
Annotate this CaseDefendant, Kenneth Viveiros appealed his conviction on four counts of simple assault against three inmates at the Adult Correctional Institutions (ACI), occurring while the defendant was employed as a lieutenant at the ACI. On appeal, defendant asserted that the trial justice: (1) abused his discretion in denying defendant's motion to sever his trial from that of his codefendant, Captain Gualtar Botas; (2) abused his discretion in granting the state's motion in limine, precluding defense testimony from an inmate; (3) erred by giving improper jury instructions; and (4) erred in denying defendant's motion for a new trial based on the insufficiency of the evidence. Upon thorough review, the Supreme Court affirmed defendant's convictions.
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