In the words of Judge Amanda Potterfield, "Schreiber is either alive, in which case he must remain in prison, or he is dead, in which case this appeal is moot".
He said he was resuscitated by medical staff against his wishes and that he was sentenced to life without parole, "but not to life plus one day".
An inmate serving life for murder in the USA state of Iowa offered a novel legal appeal, saying he should be released because he "died" four years ago.
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.
That's what a convicted murderer is claiming in Iowa. Therefore, they find the possibility that he is dead "unlikely".
According to Schreiber, the poisoning cause him to "fall unconscious" in his prison cell.
Benjamin Schreiber is seen in a photo released by the Iowa Department of Corrections.
However, a lower court didn't buy it.
The district court found his argument was "unpersuasive and without merit", The Washington Post reported.
Schreiber appealed, sending the case to the Iowa Court of Appeals.
Potterfield said that Schreiber's argument was not persuasive in her ruling against him.
"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. The courts have not addressed whether he was wrongfully resuscitated.