Convicted murderer who ‘momentarily died’ claims life sentence has been served

Benjamin Schreiber was convicted of first-degree murder and sentenced to life in prison without parole

Benjamin Schreiber was convicted of first-degree murder and sentenced to life in prison without parole

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.

Judges, however, aren't buying it.

A jury found him guilty of first-degree murder, and in 1997 he was sentenced to life without parole. And on Wednesday, the Iowa Court of Appeals upheld the lower court's decision.

Schreiber has been in prison since 1996. Prosecutors contended that Schreiber, then 43, had plotted with Terry's girlfriend before clubbing the man to death with the wooden handle of a pickax.

Almost two decades later, Schreiber was hit with severe septic poisoning.

Schreiber collapsed in his prison cell due to septic poisoning caused by kidney stones in 2015, the Des Moines Register Reports. He slipped into unconsciousness and was rushed to the hospital, where, despite a "do not resuscitate" order he'd signed, he was resuscitated five times with "adrenaline/epinephrine via an IV".

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In April of 2018, he filed for post-conviction relief, where he claimed that he momentarily died at the hospital.

An Iowa inmate claims his life sentence is complete because he already died - but doctors brought him back to life.

The district court rejected Schreiber claim as 'unpersuasive and without merit'. Schreiber has argued in court that he was resuscitated against his wishes and that his life - and his sentence - should have ended with his medical death in 2015.

He didn't fare any better there when the court ruled earlier this week.

Adding a nail to Schreiber's legal coffin, the court said the sentence he is serving in the Iowa State Penitentiary will not end until a medical examiner declares him dead.

An attorney for Schreiber did not immediately respond to requests for comment Friday morning.

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