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

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

2

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