Killer claims his life sentence is served after he briefly died

Benjamin Schreiber a convicted murderer who had to be resuscitated five times during a medical emergency in 2015 tried to get out of prison by claiming his life sentence was fulfilled when he momentarily “died

However, Schreiber argued that he was sentenced to life in prison, "but not to life plus one day", the newspaper reported.

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.

Schreiber had argued in court that a brief brush with death should be his ticket to a new life outside of prison, in a weird case that has tested the definition of a "life sentence".

The prisoner, Benjamin Schreiber, made that argument to an appeals court in Iowa, saying that when he briefly died in 2015, before being revived at a hospital, he completed his obligation to the state.

Schreiber was convicted of first-degree murder in 1997.

The possibility that he is "dead", the court added in a footnote, seemed "unlikely" given that the appellant had himself signed legal documents in the case.

Benjamin Schreiber is seen in a photo released by the Iowa Department of Corrections.

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Schreiber's large kidney stones had triggered septic poisoning, and he was found unconscious and taken to a hospital.

A district court previously denied Schreiber's motions, and just this Wednesday, the Iowa Court of Appeals upheld the lower courts' decision.

Schreiber appealed, sending the case to the Iowa Court of Appeals.

"We do not find his argument persuasive", Judge Amanda Potterfield writes in the panel's opinion.

The appeals court said it did not believe lawmakers intended for the law dictating sentencing for the most serious felonies to be read as if defendants should be freed whenever medical procedures during their incarceration lead to their resuscitation by medical professionals.

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.

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