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November 11, 2019 04:36 pm PST

Convict who died and was resuscitated argues that his life sentence has been served

In 1996, Benjamin Schreiber, 66, was sentenced to life in prison for killing a man with an axe handle. A few years later in the Iowa State Penitentiary, Schreiber suffered from septic poisoning, briefly died, and was resuscitated. So he argued to an Iowa appeals court that he has served his sentence and should be set free. The court ruled with what might be called the "Schrdinger's convict" respsonse. From the New York Times:

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 for the court....

Judge Potterfield wrote in the ruling this week that because life is not defined by the states code, the judges had given the term its plain meaning, which they took to prescribe that Mr. Schreiber must spend the rest of his natural life incarcerated, regardless of whether he had been revived.We do not find his argument persuasive, Judge Potterfield wrote, adding that the judges found it unlikely the Legislature would have wanted to set criminal defendants free whenever medical procedures during their incarceration lead to their resuscitation by medical professionals.

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