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GEMELLI v. STATE

No. 2022-CA-0345.

352 So.3d 131 (2022)

Timothy M. GEMELLI v. STATE of Louisiana.

Court of Appeal of Louisiana, Fourth Circuit.

November 17, 2022.

Attorney(s) appearing for the Case

Jeff Landry , Attorney General, J. Taylor Gray , Grant L. Willis , LOUISIANA DEPARTMENT OF JUSTICE, P. O. Box 94005, Baton Rouge, LA 70804-9005, COUNSEL FOR PLAINTIFF/APPELLEE.

Richard H. Barker, IV , 601 Poydras Street, Suite 2345, New Orleans, LA 70130, COUNSEL FOR DEFENDANT/APPELLANT.

(Court composed of Judge Roland L. Belsome, Judge Rosemary Ledet, Judge Paula A. Brown).

This is a wrongful conviction and imprisonment suit pursuant to La. R.S. 15:572.8. From the trial court's judgment granting the motion to dismiss filed by the State of Louisiana (the "State"), the plaintiff, Timothy Gemelli, appeals. For the following reasons, we affirm.

FACTUAL AND PROCEDURAL BACKGROUND

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