No. 25-6443

Carmine Amelio v. Deutsche Bank National Trust Company, as Trustee

Lower Court: Connecticut
Docketed: 2025-12-30
Status: Pending
Type: IFP
IFP
Tags: appellate-review due-process judicial-bias jurisdictional-defect recusal standing
Latest Conference: 2026-02-27
Question Presented (from Petition)

1. Whether due process is violated when a state trial judge conducts a dispositive evidentiary hearing on standing and jurisdiction while an appellate matter (AC 47676) is pending, and then refuses to adjudicate the Petitioner's Motion to Vacate for lack of jurisdiction.

2. Whether a judge's subsequent recusal —based expressly on having acted in violation of the appellate stay —requires retroactive invalidation of the tainted rulings, reinstatement of the Motion to Vacate, and restoration of appellate review obstructed by the same judge's improper actions.

3. Whether Connecticut courts violated due process by refusing to address jurisdiction after the trial judge acknowledged the pending appeal, mischaracterized the Motion to Vacate, and continued to act without authority, in conflict with this Court's precedents requiring strict jurisdictional compliance.

4. Whether a state supreme court violates the Fourteenth Amendment when it declines to remedy a lower court's unconstitutional refusal to hear jurisdictional motions —even after the judge was later recused for bias directly connected to those same proceedings.

5. Whether jurisdictional defects —non-waivable under this Court's decisions in Steel Co., Arbaugh, and Capron —may be ignored by both trial and appellate courts, including dismissing an appeal without addressing jurisdiction.

Whether a litigant who is deprived of any meaningful judicial forum due to judicial bias, improper recusal handling, refusal to hear jurisdictional motions, and the state supreme court's refusal of review, has a right to federal intervention under the Due Process Clause and the structural constitutional guarantee of a neutral adjudicator.

Question Presented (AI Summary)

Whether due process is violated when a state trial judge conducts a dispositive evidentiary hearing on standing and jurisdiction while an appellate matter is pending, and then refuses to adjudicate the Petitioner's Motion to Vacate for lack of jurisdiction

Docket Entries

2026-02-12
DISTRIBUTED for Conference of 2/27/2026.
2026-02-11
Reply of petitioner Carmine Amelio filed. (Distributed)
2026-01-29
Brief of Deutsche Bank National Trust Company, As Trustee in opposition submitted.
2026-01-29
Brief of respondent Deutsche Bank National Trust Company, As Trustee in opposition filed.
2025-12-08
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 29, 2026)

Attorneys

Carmine Amelio
Carmine Amelio — Petitioner
Deutsche Bank National Trust Company, As Trustee
Robert Joseph WichowskiBorck & Scott, PLLC, Respondent