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Does a life sentence end if you briefly die? Inmate says yes, but Iowa court says no
Miami Herald ^ | 11/08/19 | CHACOUR KOOP

Posted on 11/08/2019 3:19:15 PM PST by Libloather

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To: dfwgator

rofl!!! Thanks.


61 posted on 11/08/2019 5:39:31 PM PST by EliRoom8
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To: ASA Vet

It never grows old though I’ve seen that clip often. That vocalist at the outset is so good, especially when she whistles. Yet she seems very much at ease.


62 posted on 11/08/2019 5:44:58 PM PST by EliRoom8
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To: scrabblehack

I had no memory of it. Thanks.

I should remember-—these shows were only 60 or so years ago.


63 posted on 11/08/2019 5:52:18 PM PST by frank ballenger (End vote fraud & harvesting,non-citizen voting & leftist media news censorship or we are finished.)
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To: TheDon
A life sentence should be an automatic DNR.

Your point makes more sense that this inmate's argument.

64 posted on 11/08/2019 5:55:07 PM PST by higgmeister ( In the Shadow of The Big Chicken)
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To: Redcitizen
Hmm. My wholly personal, unqualified non medical and nonlegal opinion says yes, A life sentence ends if you briefly die.

Nothing in the original sentence defines how long you must be dead.

The film I just started watching again, "People Will Talk"(1951) has a very interesting twist when the venerated Doctor Praetorius is accused of harboring a fugitive from justice (his dear friend, Shunderson) among other things by a jealous rival colleague. Eventually at the board hearing Praetorius wouldn't respond to the accusation but his friend came forward to tell his story.

Shunderson explains that he served 15 years in prison for the alleged death of a man who had tried to murder him, then somehow survived being hanged after actually murdering the man, who had gone into hiding during the first trial. When he woke up, he was lying on a table in front of Praetorius, who was at that time a medical student examining what he believed was a cadaver. Praetorius kept Shunderson's survival a secret, and Shunderson became Praetorius' devoted friend.
Shunderson explained that when he chanced to see the man alive, who he was supposed to have murdered, he felt that he had already done his time in prison so it would be justice served if he actually killed the man, but the judge at the second trial didn't see it that way, and gave him the death penalty. God intervened when he came alive again, just as he was about to be autopsied by Dr. Praetorius when he was still a medical student. Dr. Praetorius said to the Board please excuse Shunderson if he seems a little slow witted due to his brain being deprived of oxygen for so long.
65 posted on 11/08/2019 6:29:58 PM PST by higgmeister ( In the Shadow of The Big Chicken)
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To: higgmeister

Now that’s an interesting storyline. That last sentence you wrote is pretty good.


66 posted on 11/08/2019 6:37:16 PM PST by Redcitizen (Tagline not secure.)
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To: Libloather
The judge is a badass, even if she does appear to be a Democrat:

“The court finds this assertion unpersuasive and without merit,” wrote Judge Amanda Potterfield in the court of appeals opinion. “Nothing in the record supports petitioner’s claims. The petitioner’s filing of these proceedings in itself confirms the petitioner's current status as living.”

Potterfield added that there were “no conceivable state of facts” to support Schreiber’s claim, noting the 66-year-old didn’t cite any previous case law in his appeal.

"Schreiber is either alive, in which case he must remain in prison, or he is dead, in which case this appeal is moot,” Potterfield added. “We conclude [the law] requires Schreiber to stay in prison for the rest of his natural life, regardless of whether he was resuscitated against his wishes in 2015.”

67 posted on 11/08/2019 6:44:10 PM PST by Rastus
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To: Redcitizen
"So was being on watch a lifetime vow or obligation?"

From the standpoint of Game of Thrones, yes. :)

Night gathers, and now my watch begins. It shall not end until my death. I shall take no wife, hold no lands, father no children. I shall wear no crowns and win no glory. I shall live and die at my post...

68 posted on 11/08/2019 7:09:46 PM PST by LeoTDB69
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To: LeoTDB69

Thanks for the explanation since I never watched Game of Thrones.

Just as I said like the my original post about the inmate, Id say since he died and came back, Jon Stark’s obligation to do a lifetime watch was done.


69 posted on 11/08/2019 7:21:06 PM PST by Redcitizen (Tagline not secure.)
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To: Redcitizen

Yes, my post was just to be light-hearted fun but the situation would bring in some fascinating legal arguments even aside from prison sentences.

Does temporary death end marriage vows “til death do us part”?

Say the insurance company had to pay out a million dollar life insurance claim on a policy where someone who had come back from death with his wife as sole beneficiary and she decided he got none of it as hers vows to her “dead husband” had ended on his death and she was remarrying someone else to share his estate with leaving him homeless.

And yes my mind has always worked this way. LOL


70 posted on 11/08/2019 8:21:13 PM PST by LeoTDB69
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To: ASA Vet

Thanks for that link to Good/Bad/Ugly with the Danish Symphony. They really had the unique affectations for that piece down perfect. Excellent performance.


71 posted on 11/08/2019 10:03:49 PM PST by Prince Caspian
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To: Redcitizen
Thanks! It's a good film. It is actually a moral lesson of the times about unwed motherhood, with gallant chivalry and the music is from Brahms' "Academic Festival Overture" which makes it all the better. It is on FuboTV and I watched through ROKU.

Margaret Hamilton of Wizard of OZ fame even has an uncredited part.

72 posted on 11/08/2019 10:56:09 PM PST by higgmeister ( In the Shadow of The Big Chicken)
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To: Harmless Teddy Bear
"If he is dead he should be buried or cremated."

The judge should say if he died (ever how briefly) he has completed his life sentence. Then schedule him for immediate cremation.

Works for me.

73 posted on 11/09/2019 6:40:51 AM PST by HangThemHigh (Entropy is not what it used to be.)
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To: Libloather

If momentarily dying means a life sentence is over, wouldn’t the sentence include an automatic do not revive order?


74 posted on 11/09/2019 6:53:48 AM PST by MortMan (Americans are a people increasingly separated by our connectivity.)
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To: Redcitizen

It could be argued that the judges made law in this case....


75 posted on 11/10/2019 4:32:23 AM PST by mdmathis6
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