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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 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-
-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 on 11/7/19 at 3:56 pm to TigerintheNO
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 on 11/7/19 at 3:58 pm to TigerintheNO
The biggest surprise in this story is a reasonable female judge.
Posted on 11/7/19 at 4:03 pm to TigerintheNO
He has a point, and if I were the judge I would have to at least ponder it for a while.
Posted on 11/7/19 at 4:08 pm to TigerintheNO
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 on 11/7/19 at 4:14 pm to TigerintheNO
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.
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 on 11/7/19 at 5:41 pm to JohnnyKilroy
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 on 11/7/19 at 5:48 pm to Teddy Ruxpin
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.”
“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 on 11/7/19 at 5:50 pm to TigerintheNO
quote:He's a...
You have to give it to his lawyer for at least trying
TRY-ALL LAWYER
Posted on 11/7/19 at 5:52 pm to JohnnyKilroy
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 on 11/7/19 at 6:06 pm to TigerintheNO
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 on 11/7/19 at 6:32 pm to TigerintheNO
If I ever need a lawyer, I want his.
That is the single most creative defense I’ve ever heard.

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