As far as whether Judge Villani should have ordered release of the files, I believe the devil is in the details.
If there is no viable case that can be made concerning misconduct, or lack of following proper protocol, on the part of the arresting officers as to the incident and arrest in question, then to order release of the officers' personnel files seems like a major intrusion to satisfy nothing more than a fishing expedition.
But if the one officer was promptly removed for the Traffic Division shortly after this arrest, then could there be some connection between that transfer of assignments and how such officer handled this particular incident and arrest?
Well, from Villani's perspective, after he reviewed the files in camera, there is no connection.
Yup. No right to general discovery in criminal trials. NRS 174.235. The DA's office absolutely has the obligation to turn over any Brady/Giglio materials, but these subpoenas demanding police officers' whole files are just that, a fishing expedition. I think he made the right decision. And no, I'm not at all involved in the case, I've just seen similar demands in other cases that have no ties to a proffered defense or Brady/Giglio issue.
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Anonymous
January 22, 2020 8:02 pm
Is the other Villani running for judge the son of Judge Mike Villani?
If so, Judge Villani must be older than I thought as I didn't think he was quite old enough to have a son who has practiced for over 10 years(which, of course, is the minimum requirement to run for judge).
Using just quick rough numbers it would be possible. Assume for these purposes the kid graduated HS at 17/18 y/o., College at 21/22 y/o and Law School at 24/25. He passed the bar the first try (not so uncommon an event) at 24/25. Add 10 years experience, the kid would be 34/35. For simplicity sake, add 20 years to the number assuming dad was 20 y/o when he became a father (could be more or less but an average for math purposes)… That would make Michael Villani at least 54/55 y/o. That would be consistent with him being on the bench over 12 years.
Agree with 12:52 analysis, but I guess the confusion or surprise of 12:02 is caused by, in addition to believing the judge is younger than he actually is, is that people who go directly from High School to College, and then directly from College to Law School, rarely become fathers at 18 or 20, but postpone it till much later.
But the whole matter is solved by 1:44 who explains that this younger Villani is not related but is planning to benefit from having the same last name as the well-known sitting judge.
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Anonymous
January 22, 2020 9:44 pm
Michael Villani is in his early 60s. Jake Villani is not a relative, but is taking advantage of Michael Villani's name recognition.
I went to law school with Jake Villani. He told me during a work event, and another female attorney (his superior), that his wife needed to stay home with the kids so he could work because he wasn't interested in "hiring someone to raise his kids" as she and I were discussing child care of our own. That was a long time ago and I've never forgotten. Shocked and offended when we asked if he had ever considered staying home so she could choose a career. Clueless.
I have an odd situation… I'm defending a client in a civil suit, which is in its very early stages. I recently learned that there is an insurance policy that likely would cover liability and defense.
I've discussed this with the client, and he has notified the insurance company of the suit. They have asked for him to tender the claim / defense. Basically the client is refusing to do so.
The policy limit (which the plaintiff already knows about) is seven figures, far more than my client's net worth.
He hasn't said so expressly, but I think my client thinks that if he never tenders the defense/claim, the insurance company won't cover it, and the plaintiff will drop the lawsuit because the plaintiff knows he'll get little or nothing out of my client, even if he wins.
I always assumed that at some point the insurance company would step in regardless, but then, I've never had this happen before. Thoughts?
The carrier will love your client and kiss the ground he walks on if he refuses to tender the claim/defense. It would give them a basis to refuse to cover any adverse verdict as well as defense cost under various policy provisions, including the the cooperation clause.
As far as whether Judge Villani should have ordered release of the files, I believe the devil is in the details.
If there is no viable case that can be made concerning misconduct, or lack of following proper protocol, on the part of the arresting officers as to the incident and arrest in question, then to order release of the officers' personnel files seems like a major intrusion to satisfy nothing more than a fishing expedition.
But if the one officer was promptly removed for the Traffic Division shortly after this arrest, then could there be some connection between that transfer of assignments and how such officer handled this particular incident and arrest?
Well, from Villani's perspective, after he reviewed the files in camera, there is no connection.
Yup. No right to general discovery in criminal trials. NRS 174.235. The DA's office absolutely has the obligation to turn over any Brady/Giglio materials, but these subpoenas demanding police officers' whole files are just that, a fishing expedition. I think he made the right decision. And no, I'm not at all involved in the case, I've just seen similar demands in other cases that have no ties to a proffered defense or Brady/Giglio issue.
Is the other Villani running for judge the son of Judge Mike Villani?
If so, Judge Villani must be older than I thought as I didn't think he was quite old enough to have a son who has practiced for over 10 years(which, of course, is the minimum requirement to run for judge).
Using just quick rough numbers it would be possible. Assume for these purposes the kid graduated HS at 17/18 y/o., College at 21/22 y/o and Law School at 24/25. He passed the bar the first try (not so uncommon an event) at 24/25. Add 10 years experience, the kid would be 34/35. For simplicity sake, add 20 years to the number assuming dad was 20 y/o when he became a father (could be more or less but an average for math purposes)… That would make Michael Villani at least 54/55 y/o. That would be consistent with him being on the bench over 12 years.
Unrelated.
Agree with 12:52 analysis, but I guess the confusion or surprise of 12:02 is caused by, in addition to believing the judge is younger than he actually is, is that people who go directly from High School to College, and then directly from College to Law School, rarely become fathers at 18 or 20, but postpone it till much later.
But the whole matter is solved by 1:44 who explains that this younger Villani is not related but is planning to benefit from having the same last name as the well-known sitting judge.
Michael Villani is in his early 60s. Jake Villani is not a relative, but is taking advantage of Michael Villani's name recognition.
Gimme a Nell Carter break. Is the man supposed to change his name? His campaign sign should say not affiliated with Villani.
I went to law school with Jake Villani. He told me during a work event, and another female attorney (his superior), that his wife needed to stay home with the kids so he could work because he wasn't interested in "hiring someone to raise his kids" as she and I were discussing child care of our own. That was a long time ago and I've never forgotten. Shocked and offended when we asked if he had ever considered staying home so she could choose a career. Clueless.
Jake sounds like an upstanding father and husband.
He does. Is Chris Rose his bishop?
I have an odd situation… I'm defending a client in a civil suit, which is in its very early stages. I recently learned that there is an insurance policy that likely would cover liability and defense.
I've discussed this with the client, and he has notified the insurance company of the suit. They have asked for him to tender the claim / defense. Basically the client is refusing to do so.
The policy limit (which the plaintiff already knows about) is seven figures, far more than my client's net worth.
He hasn't said so expressly, but I think my client thinks that if he never tenders the defense/claim, the insurance company won't cover it, and the plaintiff will drop the lawsuit because the plaintiff knows he'll get little or nothing out of my client, even if he wins.
I always assumed that at some point the insurance company would step in regardless, but then, I've never had this happen before. Thoughts?
My thoughts are that your client is a piece of shit and will eventually drag you down with him. Run away, far and fast.
You have to disclose the existence of the policy pursuant to 16.1 (a)(1)(A)(v)
2:20 nailed it.
The carrier will love your client and kiss the ground he walks on if he refuses to tender the claim/defense. It would give them a basis to refuse to cover any adverse verdict as well as defense cost under various policy provisions, including the the cooperation clause.