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

[BUF]

Will the judge poll the jury in the event of a mistrial?

Yes, but don't know if he'll poll in open court...but we will find out.

 

[Augustgurl]

If this jury cant at least get to involuntary manslaughter then some think he should just walk off scot free. Don’t get at least Inv Mans at a minimum. Certainly if NOT intentional then reckless as hell due to said alleged sleep disorder, fear etc. you don’t hold a loaded gun with safety off in a position where it can hit someone ESP if you know you have body jerks etc when you fall sleep. For one, I don’t buy that excuse for one second, but I’m just saying if the jurors are rolling with the defense theory, how they cant see that behavior as reckless with a gun is beyond me

 

[MsArk]

Yes, but don't know if he'll poll in open court...but we will find out.

Vinnie Politan is saying the jurors are taking another break. I’ve got to say they must be exhausted by now. Still, taking a break is a better sign than deadlocked.

 

[Ember123]

I am hoping it is just one juror holding things up and we will be able to have a verdict soon! If they agree on one count, doesn't that reflect on the other counts? It seems so to me. So count 4 is the one they DO agree on? Do I understand that right??? If so, what can we glean from that as to which way they are leaning? Lets go back and review the charges...

 

[Ember123]

Vinnie Politan is saying the jurors are taking another break. I’ve got to say they must be exhausted by now. Still, taking a break is a better sign than deadlocked.

Maybe after they smoke a cig or gulp a mountain dew they will be ready to rumble and Reach A Verdict!!! (Guilty, of course! MOOOOOO!)

 

[Augustgurl]

I would think they aren’t including count 4 because its obvious if they cant get 1–3 then 4 is a moot point perhaps? Ugh who knows

 

[YESorNO]

Randy Zelin and Jesse Weber Talk Tex McIver and Shawn Grate Trials on Law & Crime Network 04/23/18

[video=youtube;nnCXb6kYLEQ]https://www.youtube.com/watch?v=nnCXb6kYLEQ[/video]
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Latonia P Hines@LatoniaPHines
3m3 minutes ago
It's 4pm and we still have no verdict. #texmciver
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[BUF]

Tick, tick, tick...past 4:00 now...??

 

[BUF]

It's live

 

[YESorNO]

Latonia P Hines@LatoniaPHines
2m2 minutes ago
Blue light is on!!!! #texmciver

 

[Tortoise]

What happens if say one of the jurors falls ill during deliberations? Do they get a stand-in or does it end there with a mistrial?

 

[YESorNO]

Latonia P Hines@LatoniaPHines
2m2 minutes ago
Deputy just handed something to Judge. Attys from both sides are coming back into courtroom. #texmciver

 

[Tortoise]

I'll fall off my chair if there's a verdict.

 

[YESorNO]

Tex is wearing glasses to look more intellectual....or more innocent?????

 

[Ember123]

I think there is a rogue juror. It's just the feeling I get from the questions asked - could be more than one but my sense is it's one. Here's the thing - they are not deadlocked on count 4 - possession of firearm during a felony. Maybe s/he hasn't spotted the word felony yet. If that one charge is unanimous guilty it means they all agree the crime was felony murder. If that one is unanimous not-guilty it means they agree there was no felony murder, but they are deadlocked on that one. See the confusion? I have to wonder if one of them is not up to the task, that could be lack of understanding or just being undecided either way, or something else like finding the task too onerous. JMOO.

This ^^^ needs to be discussed further. If they agree on use of firearm in commission of a felony, doesn't that say they all agree a felony was committed? So how can they not agree on any of the other counts? I don't get it. Anyone???

 

[BUF]

What happens if say one of the jurors falls ill during deliberations? Do they get a stand-in or does it end there with a mistrial?

An alternate would be sent in, but have to start deliberations over with new juror

 

[Ember123]

Tex is wearing glasses to look more intellectual....or more innocent?????

He looks neither to me! More like... VACANT! He is trying for the Early Dementia look I think!

 

[YESorNO]

Rahul Bali
@rahulbali
43s44 seconds ago
Prosecutors, defense attorneys and Tex McIver are taking their seats as we expect to hear from the jury again. #TexMcIver – at Fulton County Courthouse

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[MsArk]

Looks like maybe a verdict!

 

[Hopeful One]

Verdict!!!!