CONVICTION OVERTURNED GA - Diane McIver, 63, Fatally Shot, Atlanta, 25 Sept 2016 *husband arrested* #2

[Gardenista]

 

[Weki]

Interesting. Just saw the bond hearing. I’m not sure that the argument of flight risk is convincing. It’s clear Judge McBurney is not happy with the GA Supreme Court’s decision. I’m not saying he’s biased but defense can’t unring the bell. Everyone in that courtroom incl the judge (besides his defense team obv) thinks he’s guilty! McBurney is not down for the defense’s smugness! I still maintain that the prosecution’s poor presentation of this case is what’s caused this! Clint Rucker had lost his ever loving mind over this case and didn’t dot his i’s and cross his t’s. The Supremes don’t think this was a fair trial and found an excuse to have it tried again!

 

[vls12345]

Tex McIver surrenders law license as he awaits new trial over wife’s shooting death

McIver will have a new trial over his wife’s death. The date for that trial has not been set yet.

www.wsbtv.com

 

[Weki]

Retrial September 20, 2023! Phew I was a little nervous this would be dropped…

Prominent Buckhead attorney Tex McIver will stand trial once again in wife's shooting death

After the Georgia Supreme Court reversed his murder conviction, a new trial will begin in September.

www.11alive.com

 

[Gardenista]

Someone asked Cathy about this trial. Her response
Cathy Russon

@cathyrusson

It's not starting this week. There is a readiness hearing scheduled for Wednesday, we'll know more about the start date after that, but it won't start this week.

 

[vls12345]

Prominent Buckhead attorney Tex McIver denied bond again ahead of second murder trial

McIver's new murder trial is set for early December.

www.11alive.com

FULTON COUNTY, Ga. — Claud Lee "Tex" McIver III will soon head to trial again - and will stay behind bars until he's due in the courtroom, a judge determined Thursday.

A judge denied his latest request for bond, refusing his request for last-minute release, citing his previous felony conviction "for improperly seeking to influence a key witness in his case," court documents read. The judge's order ultimately determined that McIver is not a good candidate for bond.

[snip]

McIver's new murder trial is set for early December.

 

[vls12345]

Retrial for former attorney accused of shooting, killing wife expected to start Monday

Retrial for former attorney accused of shooting, killing wife expected to start Monday

www.wsbtv.com

 

[arielilane]

@cathyrusson

Yes, we will broadcast #TexMcIver retrial as soon as a jury is selected. Openings likely not until Wednesday.

9:15 AM · Dec 4, 2023

 

[BUF]

Is McBurney the judge again for this retrial?

 

[arielilane]

Is McBurney the judge again for this retrial?

Yes, it appears he will preside over the retrial.



95.5 WSB’s Veronica Waters reports that a plea offer is on the table, but it appears the offer did not satisfy Tex McIver’s defense team. Waters says it is clear the defense team is determined to keep the 81-year-old out of prison for an extended number of years.


The defense, meanwhile, contended in court Monday that the jury in the original Tex McIver trial already decided the ex-attorney did not intend to kill his wife, so the state should not be allowed to tell a new jury that he did it on purpose. Prosecutor Kevin Armstrong disagreed, saying, “No one suggested he shot her, but didn’t intend to kill her. No one did.”

One attorney estimates it could be Thursday before we hear opening statements in the retrial.

Ahead of his new trial, McIver and his attorneys requested bond in order to prepare and “better address his medical needs,” according to court documents. Last month, Fulton County Superior Court Judge Robert McBurney denied the defense’s request.

Tex McIver: Retrial begins for ex-attorney accused of killing wife

A second trial is underway for a former high-profile Atlanta attorney accused of fatally shooting his wife in their SUV in 2016.

www.wsbradio.com

 

[Weki]

Any prison time at his age means he will die in prison. Even if state gave him a 10 year plea deal for manslaughter. He won’t make it. So the defense has nothing to lose by going to trial. They’ve already done it once so it’ll be less prep this time around. JMO

 

[arielilane]

“At that moment Carter heard a loud ‘boom’ and Diane swung around and asked, “Tex, what did you do?” court records said. “McIver responded the gun discharged. Carter saw the gun in McIver’s hand, pointing down, still in the plastic bag.”

The bullet passed through the back of the front passenger seat, striking Diane McIver in the back.

McIver instructed Carter to drive to Emory University Hospital on Clifton Road. At the hospital, when asked how the shooting occurred, Diane McIver told doctors it was an accident. Carter told the police it was “a horrible accident.”

Diane McIver died during surgery as a result of internal injuries to her spine, pancreas, kidney, and stomach. Tex and Diane McIver had been married for 11 years. This was the second marriage for both of them.

Jury selection underway in Tex McIver’s new murder trial

Buckhead attorney convicted of murdering Diane McIver, but the Georgia Supreme Court overturned conviction.

www.atlantanewsfirst.com

Updated: 2 hours ago

 

[Gardenista]

Cathy Russon

@cathyrusson

BREAKING: #TexMcIver trial might be delayed. Judge McBurney ruled that the state cannot tell jurors that McIver "intended" to kill his wife. An appeal is likely going to the state supreme court on this ruling.
@LawCrimeNetwork

 

[Gardenista]

Cathy Russon

@cathyrusson

JURY SELECTION HALTED. Judge said the first jury concluded that #TexMcIver did not intend to kill his wife and he's ruled the prosecution cannot tell jurors in the retrial that he did intend. State says they are going to appeal this decision to the state supreme court.

 

[Gardenista]

Cathy Russon

@cathyrusson

The first jury found Tex NOT GUILTY of malice murder (that is the intent charge) and found him guilty of felony murder, the felony being aggravated assault on his wife. The state knows that can't retry him on Malice Murder, that would be double jeopardy, so they can only charge on the felony murder that goes with the agg assault charge. THAT'S why judge ruled the state cannot say he intended to kill his wife. #TexMcIver
@LawCrimeNetwork

 

[arielilane]

ATLANTA, Ga. (Atlanta News First) - Jurors were dismissed early Tuesday morning in the murder retrial of Claud Lee “Tex” McIver, after Fulton County Superior Court Judge Robert McBurney said he is filing a ruling prohibiting prosecutors from arguing he intended to kill his wife, Diane.

McBurney’s ruling will likely be considered by the Georgia Supreme Court, and will likely be appealed by the state, meaning no retrial will continue until it’s decided what is admissible in court. McBurney said certain evidence previously used in McIver’s case would no longer be relevant if the state can’t argue intent to kill, and that the retrial could resume sometime next year.

Tex McIver’s murder retrial likely delayed until next year

Claud Lee 'Tex' McIver was convicted of killing his wife Diane in 2018, but his conviction was overturned.

www.atlantanewsfirst.com

Updated: 1 hour ago

 

[imstilla.grandma]

Prospective jurors were excused by Fulton County Superior Court Judge Robert C.I. McBurney, who said the decision to delay the trial was made Tuesday morning.

“We’ll figure out when we’re prepared to saddle up again and try this,” McBurney said.
The judge said he’d issue a written order preventing prosecutors from alleging at the retrial that McIver intended to kill his wife, Diane McIver, when he shot her in September 2016. That will limit the state’s evidence.

Prosecutors from the Fulton County District Attorney’s Office indicated they will appeal the order, teeing up a debate in the Supreme Court. A retrial would have to wait until the appeal is resolved.

Donald F. Samuel, one of McIver’s attorneys, told The Atlanta Journal-Constitution that he’s surprised the state plans to appeal McBurney’s “obviously correct” ruling.

Tex McIver murder retrial halted due to debate over evidence

The murder retrial of former attorney Claud “Tex” McIver was indefinitely halted Tuesday, a day after jury selection began, so the Georgia Supreme Court can decide what evidence a jury can hear about McIver’s alleged intent to shoot his wife.

www.ajc.com

 

[BUF]

Samuel said the Georgia Supreme Court appeal process could take months and the defense is preparing a motion for bond. He told Winne Superior Judge Robert McBurney said he would consider the bond motion quickly.

A spokesperson for the Fulton County District Attorney’s Office said a final decision on whether to appeal the judge’s rulings won’t be made until he issues a written order.

Judge puts hold on Tex McIver retrial just one day after jury selection began

Judge puts hold on Tex McIver retrial just one day after jury selection began

www.wsbtv.com

 

[vls12345]

Tex McIver, once convicted of murder in wife's death, pleads guilty to lesser charges ahead of retrial

McIver had his original conviction overturned by the Georgia Supreme Court in 2022. He was awaiting the new trial.

www.11alive.com

"Tex McIver, the prominent Atlanta attorney once convicted of murder in his wife's 2018 death before that conviction was reversed in 2022, pleaded guilty Friday to lesser charges in the case ahead of its retrial.

11Alive's LaTasha Givens reports from court that at least part of the guilty plea includes charges of involuntary manslaughter, down from felony murder, and reckless conduct, down from aggravated assault. 11Alive is working to learn the full details of the plea."

 

[Weki]

Surprised but kinda not. It makes sense. The retrial was gonna be rough for the state esp if they weren’t gonna be allowed to say he intentionally killed her. Still wow. The prosecution of this case was a mess. Bet he remarries while on probation! JMO