No. 24-6365

Timothy M. Gemelli v. Perry Nicosia, District Attorney, 34th Judicial District Court, et al.

Lower Court: Fifth Circuit
Docketed: 2025-01-22
Status: Denied
Type: IFP
Relisted (2)IFP
Tags: brady-violation constitutional-tort court-order-disobedience due-process evidence-suppression prosecutorial-misconduct
Latest Conference: 2025-06-05 (distributed 2 times)
Question Presented (from Petition)

Although he was acquitted in Louisiana, does Gemelli allege a Brady violation against the Louisiana prosecutors who disobeyed Three Court Orders to hand over the requested impeachment, retaliatory and exculpatory evidence that caused prejudice and harm in a subsequent Colorado trial and conviction?

Also, when construed liberally, does Gemelli allege a Constitutional tort for compensable harm due to evidence suppression, causing worry, mental anguish, and the loss and cost of tangible personal property?

Did the District Court and the 5th Circuit both shy away from the main complex question in Petitioner's Briefs and is the foundation of this case? "Is officer Lanera and the other respondent(s) (Nicosia, Ward, and Morales) obligated to provide retaliatory, exculpatory evidence to the defendant as ordered by the trial court Judge or, do they have the discretionary authority to disobey Three Court Orders? And are they liable for the prejudice and harm that this Petitioner now suffers from the foreseeable consequences of their actions of evidence suppression, of very specific court ordered evidence?

Did the 5th Circuit commit error by making an all or nothing determination of all evidence contained in Petitioner's Bell Phones without considering the Petitioner's need of evidence for the Colorado trial pertaining to the identical alleged victim witnesses as in the Louisiana trial in which he was found not guilty?

Did the 5th Circuit err in their finding that Lanera, Nicosia, Ward, and Morales (defendants) did not violate Brady v. Maryland when they knowingly, willfully, and deliberately disobeyed Three Courts Orders to give the Bell Phones and Complete Contents as ordered by the trial court Judge?

Did the District Court and the 5th Circuit err by finding M. Lanera had probable cause for arrest of Petitioner based on a single statement made up by M. Lanera of her inappropriately touched me?

Does a single allegation survive probable cause for a 15 year old accusation of a 9 year old who said her former mother molested her by identification only, when the Mother, armed with firsthand knowledge, deny the allegations?

Did the 5th Circuit and The District Court commit reversable error by not considering the prejudice and harm suffered from the unusual lack of causation, by denying his motion to amend, to allow him to consider the harm caused by the disobedience of police and prosecutors to comply with court orders, in which they suppressed evidence, in violation of Brady and Giglio?

Question Presented (AI Summary)

Whether the 5th Circuit and District Court committed reversible error by not considering the prejudice suffered from the causal link of disobedience by police and prosecutors who suppressed evidence in violation of Brady and other court orders

Docket Entries

2025-06-06
Rehearing DENIED.
2025-05-20
DISTRIBUTED for Conference of 6/5/2025.
2025-04-16
Petition for Rehearing filed.
2025-03-24
Petition DENIED.
2025-03-06
DISTRIBUTED for Conference of 3/21/2025.
2025-01-16
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 21, 2025)
2024-11-08
Application (24A465) granted by Justice Alito extending the time to file until January 18, 2025.
2024-11-05
Application (24A465) to extend the time to file a petition for a writ of certiorari from December 4, 2024 to January 18, 2025, submitted to Justice Alito.

Attorneys

Timothy M. Gemelli
Timothy M. Gemelli — Petitioner