A prisoner in Iowa says he should be released after dying an having died and having to be revived at the hospital. Benjamin Schreiber says he was sentenced to life in prison, not life and one day more. His argument was bolstered by the fact that he had signed a do not resuscitate form, and even his brother had told the doctors not to do anything more than make him comfortable. The Iowa Supreme Court denied his claim, and he will continue to serve his prison sentence.
The appellate court wrote in their opinion, “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.” While he has an interesting argument that his sentence had been fulfilled, he will have to wait it out on the inside.
CNN did a decent story on an issue we have covered several times on Crimcourts. It’s worth checking out, be sure to check the video for the setup, in addition to the text story. The guys featured were legally carrying money for poker, and the cops grabbed it all. The Justice Department has been stepping back from participating in these civil asset forfeitures. There is a private company running seminars teaching cops how to do this… officers are literally planning to come up with ways to seize citizen property: that’s scary.
Thanks for sharing, Michael.
Marvin Hill Mug Shot
Ok, in fact, a McChicken Sandwich is not the weirdest implement I have ever heard of. Having been a criminal law practitioner for over a decade now, I have heard some pretty weird ones, and I’ve only been documenting them since I started blogging last year. The worst one that springs to mind was the guy who threw his wife/girlfriend on a bad and started squirting ketchup and mustard all over her. You deal with some messed up stuff in criminal court.
But Tuesday, the McChicken incident happened. Marvin Tremaine Hill, in Des Moines, Iowa lost it over a sandwich. Apparently his wife woke him up to see if he wanted a McChicken sandwich, at which point he became enraged and proceeded to smash said McChicken in her face. He denies attacking her. Burneko at Foodspin has a great take on this.
A Federal Judge in Iowa found that an attorney was deliberately making excessive objections during depositions, and as a sanction, has ordered that attorney to produce a training video for lawyers, explaining why the tactic is improper. She and her firm are contesting the sanction… natch.
I guess the takeaway is, don’t object to much. Well, really, it’s don’t be a jerk. Object when it’s prudent, but not merely to obstruct the process. Though, Florida courts frown on “standing objections”, so the baseline is low for when repeated objections need to be made.
For those who thought the Robert Dunn case took a bizarre turn when a competency evaluation was ordered after the Defense rested their case will get a kick out of this Iowa case, where a defendant doused his lawyer with a cup of water, and loudly accused him of selling him out as the jury was on their way out to deliberate.