While appealing his sentence, Schreiber said that medics did not adhere to his "do not resuscitate" order.
That's what a convicted murderer is claiming in Iowa.
An inmate serving life for shatter within the United States narrate of Iowa supplied a novel appropriate charm, asserting he needs to be launched because he "died" four years within the past.
"Schreiber is either alive, in which case he must remain in prison", Judge Amanda Potterfield wrote, "or he is dead, in which case this appeal is moot".
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.
An inmate serving a life sentence in Iowa said he should be a free man after he became ill, briefly died and had to be revived at a hospital.More news: Whitney Houston's Female Best Friend Speaks About Their Secret Romance
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In Schreiber's claim - which he filed past year - he claimed he was resuscitated against his will and that his "death" meant his life sentence had technically ended. "Because his sentence has been fulfilled, he argues, he is imprisoned illegally and should be immediately released", according to the Iowa Court of Appeals, the newspaper reported. The opinion does not make clear whether Schreiber had actually been declared dead by medical staff.
A district court previously denied Schreiber's motion and now the Court of Appeals has upheld that decision. He said the lower court made procedural mistakes and had dismissed the case without an evidentiary hearing to develop his claims.
The Iowa Court of Appeals was unmoved, however, by Benjamin Schreiber's bid for freedom ruling that the argument - however original - was "unpersuasive". It notes that Schreiber cited no case law to bolster his arguments.
In line with the latter-day Lazarus and his attorneys, Schreiber's non permanent demise meant that he had served out his sentence, which he obtained for bludgeoning a person with an ax deal with in 1996.
Benjamin Schreiber was convicted in 1997 but went to hospital four years ago and had to be resuscitated.