Iowa Supreme Court Opinions
Expected to be filed February 16, 2018
16-0203 State v. Jepsen
Christopher Scott Jepsen, who was mistakenly placed on probation after being convicted of a forcible felony, seeks further review after the court of appeals conditionally affirmed his corrected sentence and remanded with directions for the district court to determine whether Jepsen served any of his probationary sentence in a residential treatment facility or an alternative jail facility. See Iowa R. Crim. P. 2.24(5)(b) (providing a defendant is entitled to full credit for any time spent in “custody” in those facilities, but is not entitled to credit for time otherwise spent under supervised probation). Jepsen argues that he is entitled under the Double Jeopardy Clause of the Fifth Amendment to credit against his corrected sentence of incarceration for the more than four years he spent on probation under the previous illegal sentence.
17-0376 P.M. v. T.B.
T.B., a gestational carrier of a child created from P.M.’s sperm and a donor egg, and her husband, D.B., appeal the district court order that established P.M. as the child’s genetic parent and disestablishing T.B. and D.B. as parents. T.B. and D.B. argue: (1) because D.B. is a birth mother, she is the biological mother as a matter of fact and under Iowa law; (2) the surrogacy contract is unenforceable against the birth mother and violates Iowa law and public policy; and (3) State court enforcement of the gestational surrogacy contract violates T.B’s and the child’s substantive Due Process and Equal Protection Rights guaranteed under the Fourteenth Amendment of the United States Constitution.
16-1994 State v. Mulatillo
The defendant was granted discretionary review from a district court order disqualifying his privately retained counsel. The defendant argues: (1) the district court erred in disqualifying his counsel, and (2) the court erred in concluding continued representation by his counsel would violate Iowa Rule of Professional Conduct 32:1.7.