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

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Mike Petchenik@MPetchenikWSB
57s58 seconds ago
Judge says he'll tell jurors if #TexMcIver "engaged in misleading conduct" towards Dani Jo Carter with the "goal of convincing her to withhold information from the police," then they can convict on ct. 5.
 
I think Tex is 'finally' following his attorneys instructions

Why is that crime scene tape guy still in the courtroom??
 
Mike Petchenik@MPetchenikWSB
5m5 minutes ago
Judge says he'll tell jurors if #TexMcIver "engaged in misleading conduct" towards Dani Jo Carter with the "goal of convincing her to withhold information from the police," then they can convict on ct. 5.


11Alive News@11AliveNews
4m4 minutes ago
Per @kaitlynross1 | Judge on what he'll tell the jury for the last question: The state must prove beyond a reasonable doubt that Tex McIver acted with the intent to withhold information from the police. http://on.11alive.com/2HnoYUC #texmciver


Veronica Waters@MissVWaters
3m3 minutes ago
Judge McBurney proposes telling jurors: There must be an intent to commit a violent injury to another. For Count 5 (influencing witness), they're now haggling over whether to phrase answer to include language about whether #TexMcIver "tricked" witness @wsbradio


Latonia P Hines@LatoniaPHines
3m3 minutes ago
Samuels is doing what he does best arguing the nuances of Criminal Law. He is known for writing a Criminal Law resource book which is used all around the country. #texmciver


Mike Petchenik@MPetchenikWSB
3m3 minutes ago
Woman in the front row for the #TexMcIver trial.

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11Alive News@11AliveNews
3m3 minutes ago
On 'misleading' charge question judge agrees to add sentence: The speaker must intend to mislead. The hearer need not actually be misled. http://on.11alive.com/2HnoYUC #texmciver
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Veronica Waters@MissVWaters
2m2 minutes ago
#TexMcIver judge and lawyers've agreed on reply to Qs 6 & 7: "For an assault to occur, there must be an intent to commit a violent injury to another. It may assist you to review the charges for definition of a crime, intent aggravated assault..." & reference page nos. @wsbradio
 
I think those questions and the answers are going to expedite this....clearly they have intent off the table....now anything that requires intent...so they are narrowing it down. On count 5 I believe the answer given will yield a guilty vote although I am surprised they are still asking about that count. Maybe verdict later today?
 
Veronica is always late with her tweets...:sheesh:


Veronica Waters@MissVWaters
5m5 minutes ago
Judge & lawyers agree to answer Q8: "The State must prove...#TexMcIver engaged in misleading conduct toward Ms. Carter [SUV driver] w/the intent or goal to convince her to withhold info from police. Speaker must intend to mislead; the hearer need not actually be misled" @wsbradio

Veronica Waters@MissVWaters
2m2 minutes ago
#TexMcIver's friends, Lori & Annie, and sister Dixie, await word from the jury. @wsbradio

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Now I'm going.... see y'all later...
 
turaj said:
I think those questions and the answers are going to expedite this....clearly they have intent off the table....now anything that requires intent...so they are narrowing it down. On count 5 I believe the answer given will yield a guilty vote although I am surprised they are still asking about that count. Maybe verdict later today?
Click to expand...

turaj, sorry but I am confused what the final answer was!
 
YESorNO said:
Veronica is always late with her tweets...:sheesh:


Veronica Waters@MissVWaters
5m5 minutes ago
Judge & lawyers agree to answer Q8: "The State must prove...#TexMcIver engaged in misleading conduct toward Ms. Carter [SUV driver] w/the intent or goal to convince her to withhold info from police. Speaker must intend to mislead; the hearer need not actually be misled" @wsbradio

Now I'm going.... see y'all later...
Click to expand...

Thank you!
 
BUF said:
turaj, sorry but I am confused what the final answer was!
Click to expand...

a very non legal answer is what I heard is that for the first two on intent required for those offenses the answer is YES...they must have had some they did not get that ....this tells me no one thinks he intended to do anything... on the last one about count 5...basically Tex can intend to mislead or ask Dani to say other than the truth (lie) and he can still be guilty even if she chose not to follow his advice.
 
Oh no! Are they at an impasse?? The jury can't see a path to overcome their differences on defendant's intent on 1, 2, 3 and 5.
 
Jurors apparently ready to punt. State wants to block that.
 
Latonia P Hines@LatoniaPHines
2m2 minutes ago
Attys returning back to courtroom. Another questions from jury. #texmciver


Bill Rankin@ajccourts
2m2 minutes ago
Jury says it doesn't see path to resolve its differences in first five counts. #TexMcIver


Law & Crime Network@LawCrimeNetwork
46s46 seconds ago
#TexMcIver - McIver is back in the courtroom. Jury: "We don't see a path to overcome our differences on teh defendant's intent on counts 1,2,3,4 &5."

DbeuC7zV4AEDOBM.jpg



Wild About Trial@WildAboutTrial
40s40 seconds ago
Jury is having trouble coming to an agreement on many of the charges. Looks like we might have an allen charge coming up. #TexMcIver


Latonia P Hines@LatoniaPHines
1m1 minute ago
Prosecution is asking for continued deliberation direction from Judge before giving an Allen charge. #TexMciver


11Alive News@11AliveNews
1m1 minute ago
State insisting that they continue deliberations and adding that they have not spent an unreasonable amount of time in deliberations. http://on.11alive.com/2HnoYUC #TexMcIver


Mike Petchenik@MPetchenikWSB
41s42 seconds ago
The #TexMcIver jury is deadlocked on charges 1, 2, 3 and 5, the judge just announced.


Latonia P Hines@LatoniaPHines
5m5 minutes ago
Correction-Jury does not think they can over come difference as to McIver intent for purposes of charges 1,2,3, and 5, not 4! #texmciver


Law & Crime Network@LawCrimeNetwork
3m3 minutes ago
#TexMcIver - Count 4 : Possession of a firearm during the commission of a felony.
The jury does not mention this count in their 'deadlocked' note.
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Veronica Waters@MissVWaters
1m1 minute ago
"We don't see a path to overcome our differences on Counts 1, 2, 3, & 5," 'writes the #TexMcIver jury. Judge is considering whether to give the jurors an Allen charge. @wsbradio
 
I have a question. What is the difference between telling the jurors they need to continue to deliberate and an Allen charge? Aren't they one and the same?
 
11Alive News@11AliveNews
1m1 minute ago
Judge is insisting they continue on. Preparing an "Allen Charge" which insists they try to reach a verdict due to money, time and efforts involved. http://on.11alive.com/2HnoYUC #texmciver


Christian Boone@ReporterJCB
56s57 seconds ago
#TexMcIver judge to give Allen charge, which encourages a deadlocked jury to reach a verdict
 
Latonia P Hines@LatoniaPHines
3m3 minutes ago
It looks like Judge McBurney will be giving the jurors what basically equates to an Allen charge in a few minutes. All lawyers know Allen charge is a last resort direction from the judge. #texmciver
 
Latonia P Hines@LatoniaPHines
2m2 minutes ago
A hung jury on the main counts would be best for the Prosecution to allow for retrial. Not guilty on the main charges woud be the best for the Defense no retrial. #TexMcIver
 
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