GUILTY GA - Diane McIver, 63, Fatally Shot, Atlanta, 25 Sept 2016 #2

Discussion in 'Recently Sentenced and Beyond' started by caribou_birdie, Dec 6, 2016.

  1. YESorNO

    YESorNO The Queen (aka "mrsmuir") SWBB

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    Philip A. Holloway@PhilHollowayEsq
    3h3 hours ago
    Philip A. Holloway Retweeted adeweyrobinson
    It’s the same in Ga too. #TexMcIver was convicted of felony murder based on the underlying conviction for aggravated assault

    ---adeweyrobinson@adeweyrobinson
    @PhilHollowayEsq how is aggravated assault even an option when the alleged victim dies? If the defendant intends to assault someone and that person dies, it becomes murder in every other state.



    Law & Crime Network@LawCrimeNetwork
    3h3 hours ago
    #TexMcIver - Sentencing has been set for May 23.
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  2. YESorNO

    YESorNO The Queen (aka "mrsmuir") SWBB

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    Neighbor of Tex McIver shocked by guilty plea: 'I don't think he murdered her'

    [video=youtube;RfkcfSjtgOI]https://www.youtube.com/watch?v=RfkcfSjtgOI[/video]
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  3. Hopeful One

    Hopeful One Blessed are the cracked for they are the ones who

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    You are the best! Thank you!
     
  4. Hopeful One

    Hopeful One Blessed are the cracked for they are the ones who

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    Your points really resonate and make so much sense. For me personally, sometimes it’s hard to accept that a “normal” person resorts to murder. I believe it often! Casey Anthony for example. Jodi Arias. Other times it’s hard for me to wrap my mind around.

    I’ve been a follower of true crime for years and I realize circumstantial evidence is crucial and quite often all most indictments have to go on.

    I think my issue in acceptance of guilt tends to stem from my nature as an extremely sensitive soul. I feel compassion for most everyone and it clouds my judgment. Speaking realistically, I know he’s guilty. I guess I just didn’t want him to be.
     
  5. Niner

    Niner Long time Websleuther

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    Hey!

    I like that part! I think Arizona is another State that allows jurors to ask questions!

    Oh - I did not know this! Where have I been??!! LOL! So, that would explain the influencing witnesses charges!! I guess he thought he could "fix" his own defense!

    And thanks for the sentencing date!
     
  6. turaj

    turaj Well-Known Member

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    Yes Tex was I believe medicated and frankly did not know what hit him as he was cuffed and taken away. As for the questions one commentator was talking about them...over 250 in this trial and I think in many cases the judge made up his own wording...I imagine the defense took note of that and is comparing them right now. This commentator thought that was cause for appeal. I will say the judge interjected himself into this trial more than any I have ever seen and no question the jury saw his affinity for the state and their case..also mention has been made by legal minds how utterly confused the jury was...they felt it was invol man. and yet came up with this verdict. It was by all accounts 100% compromise but a compromise that he put a man away for the rest of his life. I doubt they really understood that...and I know they should not know that. I would be curious to ask one of them if they had known that would they vote same way? Again I get not how it works. Such mixed feelings...personally I still have doubt he intended it to happen but he could have...is it more likely than not that he did intend it...not for me...I think I would have been a hold out on that jury and I bet there are one or more second guessing themselves at home now that were on the jury. Clearly only a few have spoken.
     
  7. turaj

    turaj Well-Known Member

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    Boy this AJC article says about the same as i did in my last post https://www.myajc.com/news/crime--l...tex-mciver-life-prison/p2VKRe4OY9tUUcUpoS8tJI

    Frankly after reading this and seeing that most were for invol.mans. and others for straight out malice murder and went with this "compromise" after allen charge yikes....they had no idea the penalties were identical for counts 1 and 2. These jurors are giving the straight story from in there...they were deadlocked and while I am all for compromise more than half of them are probably now not happy with what happened...unless they all agreed I don't think he should be in prison for the rest of his life. Problem is what this jury is saying can't be used for appeal. No doubt McBurney is hearing all of this...he will give him parole but what good will that do. While I thought he should do some time the penalty for invol mans. was the right one up to 10 years.
     
  8. TruthIsStranger

    TruthIsStranger Well-Known Member

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    Diane won, Tex. Again. You thought you had finally beaten her, didn't you? You're a silly, stupid man for thinking that you could ever outsmart a woman like Diane. Maybe you killed her, but now look at you. Don't you wish you could be deeply in debt to her but free?

    Diane means The Goddess of the Hunt, swiftness and beauty. Claude comes from the*Latin name*Claudius, itself deriving from 'claudicatio' meaning "limping" or "stuttering". It was written in the stars that she would always win. Love her or leave her. Period. There were no other viable options.

    What the heck were you thinking? Arrogance was your downfall. You underestimated Diane's power, even in death, and you underestimated the jury. You overestimated your friends and their power or willingness to help you. You overestimated the power of your money and your own intelligence and charm. I hope you stay in that jail cell a long time and that she haunts your dreams.

    Sent from my XT1080 using Tapatalk
     
  9. YESorNO

    YESorNO The Queen (aka "mrsmuir") SWBB

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    Murder Conviction Bars McIver From Cashing In on Dead Wife’s Estate
    A manslaughter conviction could still have allowed Tex McIver to benefit from Diane McIver's death under Georgia law.

    "Atlanta attorney Claud “Tex” McIver’s dire finances are going to get a whole lot worse.

    McIver’s murder conviction Monday for the 2016 death of his wife, Diane, triggered a Georgia law known as the “slayer statute.” If a husband slays his wife, the statute mandates that the assets of the victim’s estate be administered as if the culprit died first.

    Anyone convicted of felonious or intentional murder who is an executor or beneficiary of the victim’s estate is barred both from inheriting or remaining as executor under the statute, said Skip Sugarman of Atlanta’s Sugarman Law, who specializes in estate and trusts litigation and followed the trial.

    “Basically, the slayer statute disinherits you from someone if you kill them,” he said. “It seems obvious, but it used not to be the law. Until the 1950s, there was no law that automatically disinherited you.”...

    “The standard is ‘intentionally and feloniously,’” Sugarman said in describing deaths that trigger the slayer statute. “Felony murder qualifies.”...

    On Tuesday, state Rep. Mary Margaret Oliver, a Decatur attorney appointed as executor after McIver was removed last year, confirmed “The Georgia slayer statute becomes relevant, and there are many issues to be resolved” regarding Diane McIver’s estate. Oliver would not elaborate.

    But Ken Rickert, general counsel of U.S. Enterprises where Diane McIver was president when she died and the designated trustee of her estate’s assets, said he met with Oliver Tuesday about what happens next. He said Tex McIver can no longer claim the proceeds from an insurance policy on his wife’s life valued at more than $600,000. He also said the estate intends to fight to prevent McIver from claiming his wife’s 401(k) account containing about $275,000.

    Rickert also said the estate is pursuing a claim against McIver’s auto insurance policy....

    Sugarman suggested the slayer statute may also strip McIver of his ownership of the ranch, which he reclaimed as soon as his wife died...."

    https://www.law.com/dailyreportonli...ng-in-on-dead-wifes-estate/?cmp=share_twitter
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  10. YESorNO

    YESorNO The Queen (aka "mrsmuir") SWBB

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    Mark Eiglarsh and Rachel Stockman Talk Tex McIver on Law & Crime Network 04/25/18

    [video=youtube;rGcL-JMcAZs]https://www.youtube.com/watch?time_continue=53&v=rGcL-JMcAZs[/video]

    (McIver talk starts @ 3:30)
     
  11. YESorNO

    YESorNO The Queen (aka "mrsmuir") SWBB

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    I'm not a subscriber to AJC news, so I couldn't read that article.

    What makes you say that "more than half of them are probably now not happy with what happened.." No one forced them to "compromise"- they could have just said that they couldn't come to an agreement/deadlocked and there would have been a mistrial. I think most, or at least some jurors, come to some kind of compromise in order to get a verdict...It's probably very hard to have 12 people all agree to whatever unless there is some hardcore evidence. In the end, these jurors made their own decision and each one of them told the judge "yes" that was their verdict.

    Ultimately I think what swayed them was the idea that a gun just doesn't go off by itself - at least that's what the 2 jurors said in their interviews- and I think that's what all the jurors thought in the end. Is that a compromise? I don't think so. Involuntary manslaughter is just that, involuntary, and if they thought that "a gun just doesn't go off by itself", well that's not involuntary and it's some kind of murder, IMO.

    Does the article state that the jurors didn't know the penalties were identical? How did the writer know that? Did one of the jurors say that? Just curious...

    I don't think the judge will give him parole...also JMO.

    And all just my...:moo:
     
  12. Hope4More

    Hope4More Well-Known Member

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    Jurors asking questions of witnesses is permissable and a good thing, not a viable grounds for appeal.

    Whether or not it's reversible error, I agree with the defense that jurors shouldn't have been allowed, after deliberations began, to have access to ANYTHING that wasn't admitted into evidence during the trial proper.

    As far as it being a confounding verdict....Personally, I think confounding verdicts in GA are inevitable in trials where GA's fairly recent definition of felony murder is alleged.

    I had a big 'ole problem with that definition during the Ross Harris trial, and do again with this trial, for the same reason. In Georgia, it is no longer necessary to prove intent for a defendant to be convicted of murder and locked away for life. IMO that is not only wrong, but unconstitutional.

    This jury did not agree, or ultimately accept, that McIver acted with "malice"-- in other words, with premeditation or intent. Reality is, in terms of sentencing, whether or not he acted with malice- had intent- didn't even matter. The laws in GA as written are designed to produce an outcome that a jury doesn't get to determine, unless they find a defendant innocent. That's wrong.

    I thought the defendant was incredibly arrogant, self-serving, self-absorbed, unlikable, trigger-happy, unfeeling, a racist, and overall, a SOB. I also don't believe he loved his wife, who, with all due respect, sounded difficult to even like very much, much less love.

    But....if on the jury, I wouldn't have voted to convict him for malice murder either. I don't think the State had a strong case on that count, and as I've said, don't believe they should have been allowed (by law) to reach the same sentencing outcome, no matter the weakness of their case.
     
  13. Hope4More

    Hope4More Well-Known Member

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    I too have never seen a judge interject himself as much as this one did. I'm all in favor of judges exercizing control of their courtrooms & demanding decorum of every kind be respected & observed, but this judge, IMO, went way beyond that, and even so far as to comment upon and to critique the approach /arguments of attorneys on both sides, in front of the jury. Obnoxious.
     
  14. turaj

    turaj Well-Known Member

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    I am not a subscriber either and the full article came up for me to read. Given the jury does not know what the penalties are I think it logical to assume count 1 would be the most drastic with count 2 being a bit less and on and on...for both 1 and 2 to be life is probably not something most jury members would assume and of course they are not supposed to. I think it reasonable that if I compromised up to a more serious count and then found out that is the sentence...well might make me think. I am just speaking how I might see it. The jurors speaking were pretty blunt about their feelings towards Tex...simply put...they did not like him at all...that sure helped them get the compromise. They clearly felt pressure with that Allen charge and I imagine that is why they are not used in some states. Its all complicated. I am glad that he can't get his hands on her money and I think anything he tries to get will be fought by Rickert and Corey.
     
  15. YESorNO

    YESorNO The Queen (aka "mrsmuir") SWBB

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    turaj Lately, the news media that publish articles on the internet require some kind of payment/ subscription to view their articles- after 4-5 "free" articles- per month. I have used up all my free articles with AJC news. It really makes me mad- I have used up all my articles for the NY Times also and even the NY Daily News has started doing that (not the NY Post- yet). It's getting harder to read articles. I don't want to subscribe or pay for the articles (call me cheap).

    Yes- - the jurors should not concern themselves with the penalty when deciding a verdict. That's what I have heard from the other trials I have followed. They should only concern themselves with what evidence was presented by the prosecution/defense in the penalty phase and make their decision on that.

    I do understand what you are saying tho'.
     
  16. Gardenista

    Gardenista Well-Known Member

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    You can either open a private window and paste the url into the address field or clear your cache and then you will be able to read again.
     
  17. YESorNO

    YESorNO The Queen (aka "mrsmuir") SWBB

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  18. YESorNO

    YESorNO The Queen (aka "mrsmuir") SWBB

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    Thank you for that info...I will try it....:tyou:
     
  19. dancinunderthemoon

    dancinunderthemoon Well-Known Member

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    oh whatever girl, the jurors all knew it was a guilty charge but were some reason confused about the charges, i agree , im still confused, malice=ag asslt /felony murder...seems the same to me!
     
  20. dancinunderthemoon

    dancinunderthemoon Well-Known Member

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    So many petersons is right!! Lol
     

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