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

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Yikes, seems like that trial was a lifetime ago…but not really.

Thinking back, I kind of remember that judge being a little off to me. moo

I just flipped through this thread…it must have been before the WS software changed as I noticed the “likes” or was it “thanks” from back then not showing up. Sure miss some of the folks that we followed this trial with.
 
Gardenista said:
Here are some docs associated with the appeal

AMENDED BRIEF OF APPELLANT
https://www.gasupreme.us/wp-content/uploads/2021/12/S22A0093-APPELLANT-Amended-Revised-Brief.pdf

BRIEF OF APPELLEE BY THE DISTRICT ATTORNEY
https://www.gasupreme.us/wp-content/uploads/2021/12/S22A0093-APPELLEE-Brief-of-D.A..pdf

BRIEF OF APPELLEE BY THE ATTORNEY GENERAL
https://www.gasupreme.us/wp-content/uploads/2021/12/S22A0093-APPELLEE-Brief-of-A.G..pdf

REPLY BRIEF OF APPELLANT
https://www.gasupreme.us/wp-content/uploads/2021/12/S22A0093-APPELLANT-Reply-Brief.pdf

Outline of the basics of the appeal--scroll down a bit for the McIver case

https://mcusercontent.com/aad6afb15...78130-5ad4-34f4-eeda-0e9df76699e4/Jan19OA.pdf
Click to expand...

Unfortunately - for the briefs - I get this:

You have been blocked
You are unable to access this website

But I do see a hearing for today - let me get my stuff posted here...

edited to add - well never mind I don't have notes from this case saved. And as BUF said it was before the software change - so I probably wasn't keeping track of cases. Oh well...
 
Yep…remember that?

Justice Michael Boggs asked Pawlak to respond to allegations that the prosecution improperly injected racial bias into the case. Specifically, Boggs referenced the closing argument by then-Fulton prosecutor Clint Rucker, who had put a list of items on a PowerPoint presentation the jury could see.

The final item, under one that read “Black Lives Matter protestors,” was “KKK,” even though there had been no mention of the Ku Klux Klan throughout the trial.

“You don’t condone that as being appropriate, do you?” Boggs asked.

Chief Justice David Nahmias expressed similar sentiments. “It’s very hard to understand why a representative of the state would have put that on the slide in a case like this,” he said.

“I can only concede that that was improper since there was no evidence that related to that,” Pawlak replied.

The court’s decision is expected in the coming months.

McIver should get new trial, lawyer argues before state’s highest court
 
www.wsbtv.com

Georgia Supreme Court overturns Tex McIver’s murder conviction in shooting death of his wife

The couple was on their way home from a party with a friend in 2016 when McIver allegedly shot his wife through the back seat of their SUV.
www.wsbtv.com www.wsbtv.com

"The Georgia Supreme Court has overturned the murder conviction against Tex McIver, a former metro Atlanta lawyer accused of killing his wife.
...
The Supreme Court reversed Tex McIver’s convictions Thursday because they say the trial court “erred in denying his request to charge the jury on a lesser involuntary manslaughter offense.”

The court did uphold McIver’s conviction for influencing a witness.
..."
 
vls12345 said:
www.wsbtv.com

Georgia Supreme Court overturns Tex McIver’s murder conviction in shooting death of his wife

The couple was on their way home from a party with a friend in 2016 when McIver allegedly shot his wife through the back seat of their SUV.
www.wsbtv.com www.wsbtv.com

"The Georgia Supreme Court has overturned the murder conviction against Tex McIver, a former metro Atlanta lawyer accused of killing his wife.
...
The Supreme Court reversed Tex McIver’s convictions Thursday because they say the trial court “erred in denying his request to charge the jury on a lesser involuntary manslaughter offense.”

The court did uphold McIver’s conviction for influencing a witness.
..."
Click to expand...

So glad to see this!
 
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Will he likely get credit for time served for the influencing a witness conviction being upheld?
 
MTW2011 said:
Will he likely get credit for time served for the influencing a witness conviction being upheld?
Click to expand...

Yes, I think he's served most of what he was given for that charge/conviction, I suppose whether or not he gets out depends on if the state files new charges. I hope they don't, they've punished him enough for an accident, as tragic as it was.
 
YESorNO said:
Prominent Atlanta attorney Tex McIver found guilty in shooting death of wife

"...His charges include felony murder, aggravated assault, possession of a firearm during the commission of a felony, and influencing witnesses..

Monday morning marked the fifth day of deliberations. The day began with the jury asking several questions about the charges, including a clarification on the definition of "misleading conduct."

Last week, the jury told the judge they were making progress but appeared to be deadlocked by early Monday afternoon.

The judge said he wants the jury to continue deliberations and consider lesser included offenses after lunch. The defense objected, staying they don't want the judge to mention lesser included charges. .."

Prominent Atlanta attorney Tex McIver found guilty in shooting death of wife
--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Click to expand...

I followed this case but perhaps not as closely as most on this thread. YESorNO posted, perhaps unknowingly at the time, an important detail that has become the fruit for the GA Supreme Court's decision to reverse the jury's verdict:

The judge said he wants the jury to continue deliberations and consider lesser included offenses after lunch. The defense objected, staying they don't want the judge to mention lesser included charges. .."
Click to expand...

If the Judge had not been manipulated by the Defense Attorney and had given the instruction he wanted that would include lesser charges, we wouldn't be here today. I do believe the jury's decision would have been the same.

The Defense Team won this reversal. If I was a juror in this matter I'd be livid. If I resided in GA, I'd refuse to sit on a jury. The GA Supreme Court has reversed two important convictions recently, one for Cooper Harris and this one for Diane McIver. Why have a jury if the Supreme Court will overturn their decisions? Why not just let these killers free to live among the SC Judges?

This is merely my own frustrated opinion written bc of my Constitutional right to free speech and expression as long as it hurts no one.

Shortly after Diane's murder in SEPT 2016, her husband sold her beautiful designer clothing, 121 furs, costume jewelry and other exquisite items at auction on DEC 7 that same year while the DA was still conducting an investigation into her death.

What to expect from the Diane McIver designer wardrobe estate sale
 
Fyi, 11Alive is a local-to-Atlanta news station (NBC).

www.11alive.com

The Tex McIver case: 'Tex, you shot me' | Episode 1

Episode one of 11Alive's 'Intent' examines the night Diane McIver was shot and killed, along with the prominent Atlanta community her and her husband called home.
www.11alive.com www.11alive.com

On this season of 11Alive's true crime podcast, titled "Intent: The Tex McIver Case," reporter Kaitlyn Ross will explore the case of Diane McIver, the wealthy businesswoman who was shot in the back by her husband of 11 years.

Listen as Ross pieces together what led up to the shooting and tries to figure out whether this really was an unthinkable accident - or something else.

New episodes of "Intent: The Tex McIver Case" drop every Monday starting August 22.
Click to expand...
 
Wow wow wow! I can’t believe it!

The trial was so long and convoluted! The judge was insecure and seemed to rely on the attys’ judgement to making rulings. The defense attys were so disrespectful to the judge, at one point one of the attys called him “His Worship” and he had to tell him to never do it again. Never seen that before.

I have to say that during the trial I wasn’t convinced that the state proved it beyond a reasonable doubt that he INTENDED to kill her! The State was disorganized and presented a confusing case. But the rebuttal closing argument by ADA Rucker was extremely persuasive. He convinced me by his argument. Not by the evidence! I need to read the ruling!

Although a couple of the jurors said they based their decision on the fact that the gun didn’t just go off and he intended to pull the trigger, which gave them agg assault, which was the felony for the felony murder verdict. Cause he said the ‘gun just went off.’ And he is an experienced gun owner. He lied about that. Why?
 
Last edited:
www.fox5atlanta.com

Judge denies bond for Tex McIver after murder conviction overturned

Claud Lee "Tex" McIver III, a former metro Atlanta lawyer whose conviction in the shooting death of his wife was overturned, was denied bond on Friday in Fulton County.
www.fox5atlanta.com www.fox5atlanta.com

"FULTON COUNTY, Ga. - Claud Lee "Tex" McIver III, a former metro Atlanta lawyer whose conviction in the shooting death of his wife was overturned, was denied bond on Friday in Fulton County.

In 2018, McIver was sentenced to life in prison with possible parole, but parts of his conviction — aggravated assault and felony murder — were overturned by the Georgia Supreme Court on appeal.

McIver and his wife, Diane, were on their way home from a party with a friend in 2016 when McIver shot her through the back seat of an SUV. She was rushed to the hospital where she died.

Prosecutors said McIver was motivated to kill his wife because he coveted her money. McIver's defense was that the incident was a tragic accident. In 2018 a jury convicted McIver of felony murder and possession of a firearm during the commission of a felony.

During a hearing on Wednesday, Fulton County Superior Court Judge Robert McBurney said McIver's access to wealth and age made him a flight risk.

"We remain bound and guided by the wisdom of the Supreme Court," McBurney said. "Mr. McIver sits before me with the presumption of innocence. He does not, however, sit before me as a blank slate."
 
Ummm he was out on bond before the trial so I’m not sure how he can’t get bond now? If he wasn’t a flight risk before how is he now? I hate that his conviction was overturned because I find it hard to believe this was an accident. But this was an overzealous and disorganized prosecution and I don’t know if the judge erred or not in not giving that instruction but I feel like the prosecution effed this up!
 
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