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

Mike Petchenik@MPetchenikWSB
1m1 minute ago
Jurors have three questions in the #TexMciver trial. We are waiting to hear what they are when the court reporter arrives.
 
Veronica Waters@MissVWaters
4m4 minutes ago
The #TexMcIver trial judge has another case before him right now, so had to pause it to get to the jury development in McIver. Now...looks like more jury questions. Judge says when a criminal court reporter gets in "We gotta attend to the jury's needs and 3 questions" @wsbradio
 
They don't seem to know what intent means.
 
Veronica Waters@MissVWaters
1m1 minute ago
#TexMcIver judge says there are three jury questions: 6. How does intent affect the charge of aggravated assault w/deadly weapon? 7. For assault to occur, does there need to be intent to cause violent or just an action that causes violent injury? 1/2 @wsbradio
 
After these three questions, I don't think they are as close as we had hoped this morning
 
Cathy Russon@cathyrusson
41s41 seconds ago
#TexMcIver jury 's -How does intent affect a charge of agg assault?
For an assault to occur does there need to be intent to cause violent injury or just an action?


Cathy Russon@cathyrusson
2m2 minutes ago
#texmciver - Last jury ? - Misleading conduct, does this mean the person subjected to the conduct needs to be tricked or just asked to do or say something?


Mike Petchenik@MPetchenikWSB
2m2 minutes ago
Prosecutor Clint Rucker suggests the judge bring jurors back out and charge them again on the aggravated assault count. #TexMcIver.


Veronica Waters@MissVWaters
1m1 minute ago
#TexMcIver prosecutor suggests re-charging the jury to address their #6 & 7 questions. The defense says, just tell them 'Yes," intent is needed. @wsbradio


Veronica Waters@MissVWaters
2m2 minutes ago
#TexMcIver jury question 8: Misleading conduct: Does this mean the person subjected to the offense needs to be tricked into performing an action or does it mean the subject just needs to be asked to do or say something? @wsbradio 2/2


Mike Petchenik@MPetchenikWSB
2m2 minutes ago
Defense attorney Don Samuel wants judge to tell jury aggravated assault must have intent behind it. #TexMcIver.

:gaah:
 
Kaitlyn Ross 11Alive@kaitlynross1
8m8 minutes ago
Jury in Tex McIver Murder Trial has now asked 8 total questions - deliberated for more than 24 hours. #11Alive
 
according to a photo posted on twitter there is a court watcher wearing crime scene tape. you couldn't make it up. she's like a little beacon!

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Mike Petchenik@MPetchenikWSB
2m2 minutes ago
District Attorney Paul Howard confers with Prosecutor Clint Rucker on the #TexMcIver jury questions.

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Mike Petchenik@MPetchenikWSB
1m1 minute ago
Judge indicates he wants to point jurors to the jury charge to answer their questions. #TexMcIver.


Latonia P Hines@LatoniaPHines
1m1 minute ago
It's all about the lawyering now about how the criminal statutes charged in the indictment are written. #Texmciver


11Alive News@11AliveNews
45s45 seconds ago
A lot of debate between influencing and misleading a witness. McIver charged with misleading - @kaitlynross1 http://on.11alive.com/2HnoYUC #texmciver


Latonia P Hines@LatoniaPHines
28s28 seconds ago
Criminal Law and Procedure 101 is having right now in the courtroom. Samuels is fired up! #texmciver
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Kaitlyn Ross 11Alive@kaitlynross1
4m4 minutes ago
3 questions from jurors. 1- how does intent effect the charge of aggravated assault? 2- for an assault to occur, does there need to be intent? 3- misleading conduct - does this mean the person subjected to the offense needs to be tricked in to the action?


Mike Petchenik@MPetchenikWSB
3m3 minutes ago
Judge and defense debating issues surrounding the witness influencing charge. Samuel wants more explanation for jurors. Judge thinks jury charge is sufficient. #TexMcIver.


11Alive News@11AliveNews
4m4 minutes ago
Per @kaitlynross1: Judge says he's leaning towards not bringing the jury out to answer their question - but telling them to reread the jury charge http://on.11alive.com/2HnoYUC #texmciver


11Alive News@11AliveNews
2m2 minutes ago
Judge working on a solution. Unclear if jury will be brought out at this time. Defense very forceful in their requests to the judge right now http://on.11alive.com/2HnoYUC #texmciver
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Mike Petchenik@MPetchenikWSB
2m2 minutes ago
Diane McIver’s former coworkers, good friend Dani Jo Carter and DA Paul Howard among those in court for the jury questions. #TexMciver.

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11Alive News@11AliveNews
1m1 minute ago
Throughout the back and forth, Tex McIver appears calm. At one point, his legs were crossed and his arms on the bench - even as defense attorneys appear somewhat unsettled: http://on.11alive.com/2HnoYUC #texmciver
 
Veronica Waters@MissVWaters
1m1 minute ago
#TexMcIver Defense wants to say "You must find beyond a reasonable doubt that the accused engaged in misleading conduct--not only asked her to do or say something." Judge is working on the response. @wsbradio
 
Mike Petchenik@MPetchenikWSB
37s37 seconds ago
Judge reading back his proposed answers to the jurors' questions in #TexMcIver.


11Alive News@11AliveNews
39s40 seconds ago
Judge: For assault to occur there must be an attempt to commit a violent injury to another http://on.11alive.com/2HnoYUC #texmciver
 
Mike Petchenik@MPetchenikWSB
44s44 seconds ago
Judge says he'll tell jurors someone needs to have intent to be convicted of aggravated assault. #TexMcIver.
 

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