Adding a nail to Schreiber's legal coffin, the court said the sentence he is serving in the Iowa State Penitentiary will not end until a medical examiner declares him dead. Schreiber was resuscitated five times while being transported to the hospital.
"Schreiber is either alive, in which case he must remain in prison, or he is dead, in which case this appeal is moot", the court said in a six-page ruling.
Schreiber's brother told the hospital staff that "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 obtained by The Des Moines Register.More news: Messi equals Ronaldos record for LaLiga hat-tricks
Four years ago, convicted Iowa murderer Benjamin Schreiber actually died - only to come back to life to fight his prison sentence.
According to USA Today, "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".
It looks like Benjamin Schreiber is trying really really hard to get away with this one.More news: Remembrance Day: where you can pay your respects in Rotherham tomorrow
An appeals court just ruled that's not how it works.
Judge Amanda Potterfield of the Iowa Court of Appeals upheld the lower court in an opinion issued on Wednesday.
It is unclear if Schreiber will try to appeal his case to a higher court.More news: State Department gave aid to Ukraine days before President Trump lifted freeze
"We do not imagine the legislature supposed this provision, which defines the sentences for the most serious course of felonies less than Iowa regulation and imposes its 'harshest penalty, ' to set prison defendants totally free anytime health care strategies all through their incarceration lead to their resuscitation by health care professionals", the court docket dominated. Schreiber's lawyer did not respond to requests for comment Friday. Schreiber and Terry's girlfriend had apparently planned the man's killing.