At least one judge / Court of Appeals gets it right...

Discussion in 'The Okie Corral' started by Bomber Nav, Nov 8, 2019.

  1. Bomber Nav

    Bomber Nav

    Messages:
    708
    Likes Received:
    1,444
    Joined:
    Jan 17, 2008
    Location:
    Now in Indiana
    Iowa murderer serving a life sentence argued before the courts there that his life sentence was over after he was clinically dead and was revived by doctors. Claimed he was sentenced to life in prison, and not life plus one day, and he should be released.

    That logic didn't fly in court, and was upheld by an appeals courts. FINALLY, a judge and an appeals court that gets it right. The 9th Circuit in CA would of probably let him go.

    See link. https://www.foxnews.com/us/iowa-con...-he-died-and-was-then-revived-at-the-hospital
     
    nursetim, DonD, BigBull 301 and 7 others like this.
  2. Inyo Tim

    Inyo Tim Senior Moment

    Messages:
    4,513
    Likes Received:
    7,090
    Joined:
    Mar 11, 2003
    Location:
    Eastern Sierra Nevada, Calif.
    Well, it was worth a try anyway.
     

  3. Ramjet38

    Ramjet38 Mentally Frozen

    Messages:
    18,244
    Likes Received:
    46,057
    Joined:
    Apr 9, 2001
    Location:
    Wilderness of Life
    Sue the doctors for bringing you back to life.
     
    railfancwb, hannstv, happyguy and 8 others like this.
  4. larry_minn

    larry_minn Silver Member Millennium Member

    Messages:
    19,742
    Likes Received:
    11,758
    Joined:
    Dec 16, 1999
    Location:
    Minnesota
    Why do heroic measures on prisoners for life? Just basics.

    On second thought... Maybe this was a bad ruling...

    Let's say the president was made. "If you are declared legally dead, but survive your life sentence is done". Inmates might have someone kill them in hopes of being revived. Medical staff can't enter where a assault is going on......
     
    railfancwb and Atomic Punk like this.
  5. Geeorge

    Geeorge Sarcasm Inc.

    Messages:
    13,163
    Likes Received:
    8,016
    Joined:
    Jul 4, 2004
    Location:
    South Irvington,Indiana 46239
    The Max klinger defense
     
    Bruce M likes this.
  6. Cmacc

    Cmacc

    Messages:
    2,707
    Likes Received:
    635
    Joined:
    Feb 1, 2011
    Location:
    Eastern Iowa
    This was the gist of the judge’s ruling....

    "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.”

    She appears to have a healthy dose of common sense.

    Turns out he did have a DNR order but the docs resuscitated anyway. He is suing them for that.
     
  7. Ovid

    Ovid

    Messages:
    656
    Likes Received:
    2,238
    Joined:
    Nov 15, 2014
    Location:
    How the hell should I know?
    Why not just tell the guy he really is dead and in hell?
     
    hannstv likes this.
  8. BigBluefish

    BigBluefish

    Messages:
    4,056
    Likes Received:
    8,609
    Joined:
    Sep 4, 2007
    Location:
    USA
    I dunno. I rather like his argument. I mean, if you're alive, then you're dead, then you're alive again. Clearly, not a scenario contemplated by the applicable statutes. One life's over and...hey, he's baaaaaack! Heck, most guys get paroled anyway. Can't blame the guy for trying.
     
    railfancwb likes this.
  9. R.B. Riddick

    R.B. Riddick

    Messages:
    1,843
    Likes Received:
    2,104
    Joined:
    Aug 18, 2018
    I like his argument, and it was worth a try because he has nothing else to lose.
     
    Atomic Punk likes this.
  10. ked

    ked

    Messages:
    4,875
    Likes Received:
    4,452
    Joined:
    Feb 12, 2007
    Location:
    Memphis, Tn
    If he's dead, they should bury him!
     
    chiefjack likes this.
  11. ray9898

    ray9898

    Messages:
    16,647
    Likes Received:
    6,246
    Joined:
    May 29, 2001
    Location:
    Georgia
    This was a bogus appeal anyway. One is not dead in a legal sense until they are deceased and pronounced as such by a doctor or coroner.
     
  12. DAKA

    DAKA

    Messages:
    6,667
    Likes Received:
    8,046
    Joined:
    Jun 24, 2009
    Location:
    100 mi N of the S most USA point
  13. P99er

    P99er MGTOW??

    Messages:
    4,812
    Likes Received:
    6,487
    Joined:
    Oct 21, 2001
    Location:
    My own little world
    Offenders like that should be mandatory DNR.
     
  14. hannstv

    hannstv

    Messages:
    1,410
    Likes Received:
    2,679
    Joined:
    Jun 13, 2008
    It was a Xmas miracle.
     
    Inyo Tim likes this.
  15. unit1069

    unit1069

    Messages:
    9,662
    Likes Received:
    1,779
    Joined:
    Oct 10, 2007
    Location:
    So. Central US
    The article states the killer died "momentarily". Well, how long exactly?