State of Louisiana Versus Clarence O. Gibson

STATE OF LOUISIANA NO. 24-KH-393

VERSUS FIFTH CIRCUIT

CLARENCE O. GIBSON COURT OF APPEAL

STATE OF LOUISIANA

September 23, 2024

Linda Wiseman First Deputy Clerk

IN RE CLARENCE O. GIBSON

APPLYING FOR SUPERVISORY WRIT FROM THE TWENTY-FOURTH JUDICIAL DISTRICT COURT, PARISH OF JEFFERSON, STATE OF LOUISIANA, DIRECTED TO THE HONORABLE R. CHRISTOPHER COX, III, DIVISION "B", NUMBER 07-6779

Panel composed of Judges Susan M. Chehardy, Fredericka Homberg Wicker, and Jude G. Gravois

WRIT DENIED

Relator, Clarence Gibson, seeks review of the trial court’s July 31, 2024 order, denying his motion for castration. After review, we find relator is not entitled to the relief he seeks.

Relator was charged with aggravated rape of a known juvenile in violation of La. R.S. 14:42. In 2009, after a jury trial, he was convicted of the lesser included offense of sexual battery, in violation of La. R.S. 14:43.1, and sentenced to 25 years of imprisonment at hard labor. Relator’s conviction and sentence were reviewed and upheld by this Court and the Louisiana Supreme Court. State v. Gibson, 09-486 (La. App. 5 Cir. 3/9/10), 38 So.3d 373, writ denied, 10-802 (La. 11/5/10), 50 So.3d 814.

On July 15, 2024, relator filed a pleading captioned as a motion for castration with the trial court. In it, relator based his request for castration on his First Amendment right to religious freedom, arguing that “Louisiana just passed a 24-KH-393 *2 law for castrating persons convicted for sex crimes of minors.” On July 31, 2024, the trial court denied relief, stating that relator’s sentence is final and within legal limits.

The Louisiana Legislature recently enacted La. R.S. 14:43.7, effective August 1, 2024, generally providing that upon conviction of a sex offense when the victim is under the age of thirteen, the court may sentence the offender to be surgically castrated. See Act No. 651, §1, of the 2024 Regular Session. However, the statute specifically provides that it applies to offenses, “occurring on or after August 1, 2024.” Therefore, La. R.S. 14:43.7 is inapplicable here.

To the extent that relator’s motion for castration could be construed as a request to amend his sentence, we find such a request is procedurally barred by La. C.Cr.P. art. 881.

Accordingly, this writ application is denied.

Gretna, Louisiana, this 23rd day of September, 2024.

FHW SMC JGG

SUSAN M. CHEHARDY CURTIS B. PURSELL CHIEF JUDGE CLERK OF COURT

SUSAN S. BUCHHOLZ FREDERICKA H. WICKER CHIEF DEPUTY CLERK JUDE G. GRAVOIS MARC E. JOHNSON STEPHEN J. WINDHORST LINDA M. WISEMAN JOHN J. MOLAISON, JR. FIRST DEPUTY CLERK SCOTT U. SCHLEGEL TIMOTHY S. MARCEL FIFTH CIRCUIT MELISSA C. LEDET JUDGES 101 DERBIGNY STREET (70053) DIRECTOR OF CENTRAL STAFF POST OFFICE BOX 489 GRETNA, LOUISIANA 70054 (504) 376-1400

(504) 376-1498 FAX www.fifthcircuit.org

NOTICE OF DISPOSITION CERTIFICATE OF DELIVERY I CERTIFY THAT A COPY OF THE DISPOSITION IN THE FOREGOING MATTER HAS BEEN TRANSMITTED IN ACCORDANCE WITH UNIFORM RULES - COURT OF APPEAL, RULE 4-6 THIS DAY 09/23/2024 TO THE TRIAL JUDGE, THE TRIAL COURT CLERK OF COURT, AND AT LEAST ONE OF THE COUNSEL OF RECORD FOR EACH PARTY, AND TO EACH PARTY NOT REPRESENTED BY COUNSEL, AS LISTED BELOW:

24-KH-393 E-NOTIFIED 24th Judicial District Court (Clerk) R. Christopher Cox, III (DISTRICT JUDGE) Thomas J. Butler (Respondent)

MAILED Clarence O. Gibson #366576 (Relator) Dixon Correctional Institute Post Office Box 788 Jackson, LA 70748