Some Days You Just Can’t Win

Here’s a novel criminal defense, destined to inspire a work of fiction somewhere down the road. From The New York Times:

What does it mean to complete a sentence of life in prison? One prisoner claims he has done it by serving time until the moment of his death—plus another four years since—and says it is well past time to set him free.

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. He asked the three-judge panel to let him get on with his life.

The judges rejected his argument this week, ruling that a lower court had been right to dismiss his petition.

“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.

Mr. Schreiber, 66, was sentenced to life without parole after being convicted of murder for killing a man with the handle of an ax in 1996, according to The Des Moines Register.

(Hat tip to Jim Thomsen on Facebook.)