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You have to give it to his lawyer for at least trying

Posted on 11/7/19 at 3:54 pm
Posted by TigerintheNO
New Orleans
Member since Jan 2004
45422 posts
Posted on 11/7/19 at 3:54 pm
-Benjamin Schreiber, found guilty of first-degree murder in 1997 and sentenced to life behind bars without the possibility of parole.

-Was rushed to the hospital where his heart stop beating.

-Has a do not resuscitate order.
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.

-Doctors proceeded to save his life by administering resuscitation fluids through an IV. His heart was restarted five times.

Schreiber filed for post-conviction relief in April 2018, claiming that because he momentarily died at the hospital, he fulfilled his life sentence and should be freed immediately. He was sentenced to life without parole “but not to life plus one day," Schreiber argued in court, records show.

Judge ruled-
quote:

"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.
Posted by Nado Jenkins83
Land of the Free
Member since Nov 2012
66519 posts
Posted on 11/7/19 at 3:55 pm to
Posted by statman34
Member since Feb 2011
3852 posts
Posted on 11/7/19 at 3:56 pm to
The Jon Snow defense.
Posted by Saskwatch
Member since Feb 2016
18363 posts
Posted on 11/7/19 at 3:56 pm to
quote:

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


That's the ol' "Jon Snow" trick

Dmt!!! the guy above beat me
This post was edited on 11/7/19 at 3:57 pm
Posted by PrivatePublic
Member since Nov 2012
17848 posts
Posted on 11/7/19 at 3:58 pm to
The biggest surprise in this story is a reasonable female judge.
Posted by JetsetNuggs
Member since Jun 2014
15613 posts
Posted on 11/7/19 at 4:00 pm to
Posted by brewhan davey
Audubon Place
Member since Sep 2010
33406 posts
Posted on 11/7/19 at 4:01 pm to


That is clever.
Posted by LegendInMyMind
Member since Apr 2019
76102 posts
Posted on 11/7/19 at 4:03 pm to
He has a point, and if I were the judge I would have to at least ponder it for a while.
Posted by JohnnyKilroy
Cajun Navy Vice Admiral
Member since Oct 2012
41893 posts
Posted on 11/7/19 at 4:08 pm to
Pretty sure nowadays a lot of jurisdictions just do crazy years for life sentences. Like giving some 30 year old a 99 year sentence.
Posted by FCP
Delta State Univ. - Fightin' Okra
Member since Sep 2010
5216 posts
Posted on 11/7/19 at 4:14 pm to
There’s a Louisiana case from the 1940s that’s pretty close:

Kid was convicted of murder and sentenced to the electric chair. They strapped him in, shocked him for an extended period, but he survived. Turns out the guys in charge (hah!) of the chair spent the night before drinking and failed to set it up properly.

They took him out eventually and his lawyers took writs to the USSC on the grounds that trying to kill him again would constitute excessive punishment.

Despite the kid’s likely innocence and the state’s gross ineptitude, the court denied writs and they tried again (successfully) the next day.
Posted by whit
Baton Rouge
Member since Sep 2010
11079 posts
Posted on 11/7/19 at 4:19 pm to
Posted by Teddy Ruxpin
Member since Oct 2006
40993 posts
Posted on 11/7/19 at 5:41 pm to
quote:

Pretty sure nowadays a lot of jurisdictions just do crazy years for life sentences. Like giving some 30 year old a 99 year sentence.


Gonna be awesome when gene manipulation fricks that up.
Posted by Unknown_Poster
Member since Jun 2013
5758 posts
Posted on 11/7/19 at 5:47 pm to
Yep: LINK
Posted by teke184
Zachary, LA
Member since Jan 2007
105178 posts
Posted on 11/7/19 at 5:48 pm to
Richard Pryor has a whole routine on being in the prison filing Stir Crazy, talking about the guys in there.

“One of these guys had life plus 30 years. So if he died and got reincarnated, they’d have put his arse right back in there.”
Posted by Kafka
I am the moral conscience of TD
Member since Jul 2007
159006 posts
Posted on 11/7/19 at 5:50 pm to
quote:

You have to give it to his lawyer for at least trying
He's a...

















TRY-ALL LAWYER
Posted by dbeck
Member since Nov 2014
29454 posts
Posted on 11/7/19 at 5:52 pm to
quote:

Pretty sure nowadays a lot of jurisdictions just do crazy years for life sentences. Like giving some 30 year old a 99 year sentence.

Posted by DeusVultMachina
Member since Jul 2017
4245 posts
Posted on 11/7/19 at 6:06 pm to
quote:

"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


Judge Potterfield be like


This post was edited on 11/7/19 at 6:07 pm
Posted by TigrrrDad
Member since Oct 2016
8193 posts
Posted on 11/7/19 at 6:32 pm to
If I ever need a lawyer, I want his.

That is the single most creative defense I’ve ever heard.

Posted by upgrayedd
Lifting at Tobin's house
Member since Mar 2013
139226 posts
Posted on 11/7/19 at 6:38 pm to
Posted by OWLFAN86
Erotic Novelist
Member since Jun 2004
198020 posts
Posted on 11/7/19 at 6:40 pm to
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