Killer claims his life sentence is served because he briefly died

The Iowa Appeals Court has ruled that convicted murderer Benjamin Schreiber will not be released

He claimed that he had fulfilled the sentence after his short-term death.

"Schreiber is either alive, in which case he must reside in detention heart, or he is ineffective, in which case this charm is moot", the court talked about in a six-page ruling.

An inmate serving life for murder in the U.S. state of Iowa offered a novel legal appeal, saying he should be released because he "died" four years ago.

In Schreiber's claim, filed previous year, he said that he had been resuscitated against his will, and that his brief "death" meant that his life sentence had technically ended.

Wapello County court records say Benjamin Schreiber has been serving the life term since being convicted in 1997 of beating a man to death.

In 2015, Schreiber developed septic poisoning as a result of kidney stones.

When he lost consciousness at the University of Iowa Hospitals & Clinics, a staff member called his brother, who told the hospital that although it could give Mr Schreiber medicine to ease his pain, "otherwise you are to let him pass", according to Mr Schreiber's petition.

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For the three-judge panel, justice Amanda Potterfield wrote: "We do not believe the legislature intended this provision, which defines the sentences for the most serious class of felonies under Iowa law and imposes its "harshest penalty".to set criminal defendants free whenever medical procedures during their incarceration lead to their resuscitation by medical professionals". The courts have not addressed whether he was wrongfully resuscitated.

Schreiber's lawyer didn't immediately respond to a request for comment on the ruling, and it's not clear whether the inmate plans to file another appeal. The court has yet to rule on this part of the case.

A district court judge said his argument was "unpersuasive and without merit" adding that his ability to petition for release "in itself confirms the petitioner's current status as living".

Schreiber's plea was not without precedent.

In a proposal put forward by Schreiber a year ago, he said that he had already recovered from his will, and his short "death" allowed him to resurrect.

"The stars have to align - both the medical condition and the sentence the person is facing - for a person to even make this argument", she said. Therefore, they find the possibility that he is dead "unlikely". Schreiber also said he was revived against his wishes.

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