The Iowa Supreme Court will not take up a sexual abuse case from Wapello County.

In a ruling released today, the high court said the case against Schuyler Cole Tripp was “not ripe for adjudication.”

In 2007 Tripp was charged with third degree sexual abuse for performing a sex act with a 15 year old. Tripp was 20 at the time. He pled guilty and part of his sentence included lifetime parole.

Tripp claimed that this portion of the sentence constituted “cruel and unusual punishment.”

The Iowa Supreme Court cited a 2008 decision out of  Nebraska which essentially stated a defendant could not appeal such a sentence until they become “subject to its provisions.” Therefore the Iowa Supreme Court will continue to refuse the case until the length of Tripp’s parole and the extent of his supervision are determined.

Below is a direct quotation of the Iowa Supreme Court’s Ruling

Where the court said “any claim (the defendant) may have concerning the constitutional implications of (lifetime community supervision) should be raised if and when he becomes subject to its provisions, but not on a direct appeal from his underlying sexual assault conviction.” State v. Schreiner, 754 N.W.2d 742, 765 (Neb. 2008). Thus, until the length of his parole and the extent of his supervision are determined, Tripp’s challenge is not ripe.