Inmate claims he completed life sentence by dying

Cheryl Sanders
November 10, 2019

Professor Primus said that if people were considered legally dead before being resuscitated, it would create a web of problems, not just in criminal cases but also for insurance and inheritance claims.

Schreiber, who was handed a whole life term without the possibility of parole after bludgeoning a man to death in the 1990s, became gravely ill in March 2015 when large kidney stones led to septic poisoning. He had to be resuscitated by doctors in hospital, but fully recovered and was returned to prison.

Schreiber's brother told hospital staff that "if he is in pain, you may give him something to ease the pain, but otherwise you are to let him pass", according to court records obtained by The Des Moines Register. "Because his sentence has been fulfilled, he argues, he is imprisoned illegally and should be immediately released".

He asked to be released in April 2018 - something the Iowa Appeals Court has now ruled against.

Choose Amanda Potterfield, of the Iowa Court docket of Appeals, upheld the decrease courtroom in an opinion issued on Wednesday.

A panel of three judges credited Schreiber for the originality of his claim, however they ultimately determined that his argument was "unpersuasive", adding that he was "unlikely" to be dead as he had signed his own legal documents in the case. He said the lower court made procedural mistakes and had dismissed the case without an evidentiary hearing to develop his claims.

"Benjamin "Edward Schreiber", 66, is both nonetheless alive, wherein case he should stay in jail, or he's lifeless, wherein case this attraction is moot, 'a choose in Iowa dominated on Wednesday".

Benjamin Schreiber was convicted in 1997 but went to hospital four years ago and had to be resuscitated.

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