Iowa inmate argued he served his life sentence when he momentarily died; court disagrees

Convicted murderer Benjamin Schreiber argued that he served his life sentence and should be released from prison because he momentarily died at the hospital.

In 2015, Schreiber suffered from kidney stones and was rushed to the hospital. He arrived at there unconscious and although he did have a DNR on file, medical staff called his brother who instructed them to keep him pain-free but let him pass.

Instead, doctors proceeded to administer life saving drugs intravenously then operated on him to fix the damage caused by the kidney stones. 

Because he technically died at the hospital, Schreiber filed for “post-conviction relief in April 2018.” A lower court dismissed his case stating they found his claim, “unpersuasive and without merit.”

On Wednesday, the Iowa Court of Appeals upheld the lower court’s decision and “agreed that Schreiber’s sentence isn’t up until a medical examiner declares he is deceased.”

Des Moines Register:

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