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Crime Iowan convicted of murder claims his life-sentence was served once he died, was revived in medical emergency. The court disagrees.

00:00  08 november  2019
00:00  08 november  2019 Source:   desmoinesregister.com

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claims his life - sentence was served once he died , was revived in medical emergency . A man convicted of murder was rushed from the Iowa State Penitentiary to the hospital in 2015 where his Schreiber filed for post-conviction relief in April 2018, claiming because he momentarily died at the

He said his sentence ended when his heart stopped during a medical emergency four years ago, even though he was revived . The district court ruled against Schreiber - a decision his lawyer took to the state's court of appeal. On Wednesday, the appeals court upheld the lower court 's ruling.

A man convicted of murder was rushed from the Iowa State Penitentiary to the hospital in 2015 where his heart was restarted five times.

Now he claims his life sentence was fulfilled in his short-lived death, and that he has over-stayed his prison time by four years.

Benjamin Schreiber, found guilty of first-degree murder in 1997 and sentenced to life behind bars without the possibility of parole, was hospitalized in March of 2015 after large kidney stones caused him to develop septic poisoning, according to court records.

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(NEWSWEEK) A man serving a life sentence for murder claimed his sentence was fulfilled during his short-lived death after he was rushed from Iowa State Penitentiary in 2015 to the hospital and his heart was restarted five times. The Iowa Court of Appeals rejected the claims of Benjamin Schreiber

Iowan convicted of murder claims his life sentence was served when he died , was revived in medical emergency . An Iowan convicted of murder was rushed from prison to the hospital, where his heart was restarted five times. Now he claims he should be freed.

By the time he arrived at the hospital, he was unconscious, records show.

Though Schreiber signed a "do not resuscitate" agreement years earlier, medical staff called his brother in Texas who told them, "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.

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Schrieber argues that he was sentenced for life not " life plus one day", but it was overthrown by the district court , which claims that his demands are "unpersuasive and without merit." The Iowa Court of Appeals also reaffirmed this ruling on Wednesday, reiterating that Schreiber's sentence would not

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Doctors proceeded to save his life by administering resuscitation fluids through an IV. Then he underwent surgery to fix the damage done by the kidney stones.

Schreiber filed for post-conviction relief in April 2018, claiming because he momentarily died at the hospital, he fulfilled his life sentence and therefore should be freed immediately.

He was sentenced to life without parole, “but not to life plus one day," Schreiber argued in court records show.

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Iowan convicted of murder claims his life sentence was served when he died , was revived in medical emergency . An Iowan convicted of murder was rushed from prison to the hospital, where his heart was restarted five times. Now he claims he should be freed.

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The district court denied Schreiber's request, writing that it found his claim "unpersuasive and without merit."

The Iowa Court of Appeals on Wednesday affirmed the district court's decision, agreeing that Schreiber's sentence isn't up until a medical examiner declares he is deceased.

"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 in the court of appeals opinion.

The district court did not address Schreiber's additional claim that his due process rights were violated when the doctors failed to follow his "do not resuscitate" request, court records show. Because of this, the court of appeals in its ruling said they could not address it either as a lower court had not made any judgement on it.

Schreiber's attorney could not immediately be reached for comment Thursday.

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Iowan convicted of murder claims his life sentence was served when he died , was revived in medical emergency . An Iowan convicted of murder was rushed from prison to the hospital, where his heart was restarted five times. Now he claims he should be freed.

Iowan convicted of murder claims his life - sentence was served once he died , was revived in medical emergency . The court disagrees . An Iowa convicted of murder was rushed from prison to the hospital where his heart was restarted five times. Now he claims he should be freed.

Anna Spoerre covers crime and courts for the Des Moines Register. She can be contacted at aspoerre@dmreg.com, 515-284-8387 or on Twitter at @annaspoerre.

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This article originally appeared on Des Moines Register: Iowan convicted of murder claims his life-sentence was served once he died, was revived in medical emergency. The court disagrees.

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