A prisoner argued that when he briefly died before being revived at a hospital it meant he had served his life sentence. The judge didn't agree.
What does it mean to complete a sentence of life in prison? One prisoner claims he has done it by serving time until the moment of his death — plus another four years since — and said it is well past time to set him free.
“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,” Judge Amanda Potterfield wrote for the court. In March 2015, Schreiber, who is being held at the Iowa State Penitentiary, was taken to a hospital after having seizures and a high fever, according to his petition. The cause of his illness turned out to be large kidney stones, which led to septic poisoning.
Potterfield wrote in the ruling this week that because “life” is not defined by the state’s code, the judges had given the term “its plain meaning,” which they took to prescribe that Schreiber must spend the rest of his natural life incarcerated, regardless of whether he had been revived. Eve Brensike Primus, a professor who teaches criminal law at the University of Michigan Law School, said it was unsurprising that the theory had only been tried a handful of times.
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Convicted murderer says life sentence was served when he died and was revived after septic poisoningBenjamin Schreiber claimed that his life sentence was served when he was rushed to the hospital and his heart was restarted five times.
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A convicted murderer says his life sentence has been served after he was revived 5 timesAn Iowa inmate serving a life sentence says he should be a free man after he became ill, momentarily died, and had to be revived at the hospital. But the courts are having none of it.
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A convicted murderer who momentarily died says his life sentence has been servedAn Iowa inmate serving a life sentence says he should be a free man after he became ill, momentarily died, and had to be revived at the hospital. But the courts are having none of it.
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