24th Judicial District Criminal Court Versus Clarence Gibson

Opinion

24TH JUDICIAL DISTRICT CRIMINAL COURT NO. 24-KH-471

VERSUS FIFTH CIRCUIT

CLARENCE GIBSON COURT OF APPEAL

STATE OF LOUISIANA

October 11, 2024

Linda Wiseman First Deputy Clerk

IN RE CLARENCE 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 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 October 9, 2024, relator filed this writ application asserting this Court is

currently reviewing the trial court’s 2009 ruling denying his “Motion for New Trial

and for Post-Verdict Judgment of Acquittal,” because it was never previously

appealed. He mentions one of the issues in his motion pertaining to a juror, but

does not request any particular relief.

24-KH-471

A review of our records reveals there is no pending appeal in this matter.

Accordingly, the relief relator seeks through this writ application is unclear.

Because relator has not presented anything for this Court to review and also fails to

comply with U.R.C.A., Rules 4-2, 4-3, and 4-5, this writ application is denied.

Gretna, Louisiana, this 11th day of October, 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 10/11/2024 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-471

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

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