Inmate sentenced to life argues he briefly died and should be released


spaminator
+1
#1
Inmate sentenced to life argues he briefly died and should be released
Reuters
Published:
November 8, 2019
Updated:
November 8, 2019 3:13 PM EST
An Iowa inmate sentenced to life without parole has unsuccessfully argued in court that he should be freed because he “momentarily died” and was resuscitated when he was in the hospital four years ago.
The novel legal argument came to light this week when the Court of Appeals of Iowa denied an appeal for inmate Benjamin Schreiber, who has been in prison since he was convicted of murder in 1997.
“Schreiber is either still alive, in which case he must remain in prison, or he is actually dead, in which case this appeal is moot,” the court wrote.
The legal question arose in March 2015 when Schreiber, 66, suffered from large kidney stones which led to septic poisoning. After falling unconscious in his prison cell, he was taken to a local hospital where he was resuscitated five times. Surgery was performed, and he was treated with antibiotics, according to court documents.
In 2018, Schreiber applied to a state court for release, arguing that he had “momentarily died” at the hospital and therefore fulfilled his life sentence.
Story continues below
He said he was resuscitated by medical staff against his wishes and that he was sentenced to life without parole, “but not to life plus one day.”
After the state’s motion to dismiss the case was granted in district court, Schreiber appealed.
The appeals court said it did not believe lawmakers intended for the law dictating sentencing for the most serious felonies to be read as if defendants should be freed whenever medical procedures during their incarceration lead to their resuscitation by medical professionals.
Schreiber was sentenced to life in prison without parole for bludgeoning John Dale Terry to death in Agency, Iowa in 1996.
http://torontosun.com/news/crime/inm...ld-be-released
 
Tecumsehsbones
+2
#2
Gotta admit, it was a creative argument.

Here's another take on it. A few years back, a cop tased a kid to death. He was gone for eight minutes. Then the paramedics managed to jump-start him.

What charges to the cop (assuming the tasing was unjustified)? Homicide? Or something less?

Turns out "something less."

This also comports with the old common-law "year and a day" rule. The rule is if you wound a man criminally, and he dies within a year and a day (of the wound), it's murder. If he lives a year and a day, you can't be bagged for murder.
 
Twin_Moose
+3
#3  Top Rated Post
It is an interesting argument his life did technically end
 
Jinentonix
+2
#4
Heh, it was worth a shot.
 
Tecumsehsbones
+2
#5
Quote: Originally Posted by Jinentonix View Post

Heh, it was worth a shot.

Yep, not like he had a full social calendar or nothing.
 
Danbones
+1
#6
Oh yeah, the old Shakespearean "pound of flesh" legal routine...which only works if you BRIBE the crap out of the system. Too bad the guy wasn't a successful bank robber Like Jamie Dimont.

Say, what if maybe if he weighed a ton, and was to big to jail?
 
Cannuck
#7
Quote: Originally Posted by Twin_Moose View Post

It is an interesting argument his life did technically end

Your life ends when a doctor or medical director pronounces you dead
 
taxslave
#8
Perhaps he had consecutive sentences?
 
taxslave
#9
Quote: Originally Posted by Cannuck View Post

Your life ends when a doctor or medical director pronounces you dead

Your life ends when you say " I do"
 
Cannuck
#10
So much for being on ignore
 
IdRatherBeSkiing
#11
Quote: Originally Posted by taxslave View Post

Perhaps he had consecutive sentences?




It would make the 2 life sentences sentence make sense. How can you server the second one?
 
spilledthebeer
#12
Quote: Originally Posted by IdRatherBeSkiing View Post

It would make the 2 life sentences sentence make sense. How can you server the second one?




LIE-berals make criminals serve MULTIPLE SENTENCES ALL THE TIME!!!!!!!!!!!!!!!!!!!


It is called CONCURRENT SENTENCING!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! !!!


What it translates to is you did a PILE of bad things but only serve time.......................


for the one WORST THING!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!


Your other crimes are FREEBIES that are FORGOTTEN!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! !


Except by your victims!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! !!!!!!!!