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A judge has ordered prosecutors in the retrial of Claud “Tex” McIver, a prominent Atlanta attorney, not to allege that he intended to kill his wife. McIver was acquitted in his first trial in 2018 of malice murder, and his attorneys argue that the acquittal prevents prosecutors from arguing that his wife’s death was planned. Prosecutors have indicated that they will appeal the order.
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The judge said he’d issue a written order preventing prosecutors from alleging at the retrial that McIver intended to kill his wife, Diane McIver, when he shot her in September 2016. That will limit the state’s evidence.
Prosecutors from the Fulton County District Attorney’s Office indicated they will appeal the order, teeing up a debate in the Supreme Court. A retrial would have to wait until the appeal is resolved.
Donald F. Samuel, one of McIver’s attorneys, told The Atlanta Journal-Constitution that he’s surprised the state plans to appeal McBurney’s “obviously correct” ruling.
McIver, 80, was acquitted at his first trial in 2018 of malice murder.
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Samuel said the acquittal prevents prosecutors from arguing again that Diane McIver’s death was planned. He said the focus now turns to what evidence is relevant for retrial.
“What’s the relevance of a life insurance policy if the state can’t argue intent to kill?” Samuel said. “There’s some gray area of what does (McBurney’s) decision mean.”
The judge presiding over the retrial of Claud “Tex” McIver in Atlanta has issued a written order preventing prosecutors from alleging that McIver intended to kill his wife, Diane McIver, when he shot her in September 2016. This ruling will limit the state’s evidence in the case.
Prosecutors from the Fulton County District Attorney’s Office have indicated that they plan to appeal the judge’s order, which means the retrial will have to be put on hold until the appeal is resolved.
Donald F. Samuel, one of McIver’s attorneys, expressed surprise at the state’s decision to appeal the judge’s ruling, calling it “obviously correct.”
McIver, who is now 80 years old, was acquitted of malice murder at his first trial in 2018. Samuel argues that this acquittal prevents prosecutors from arguing again that Diane McIver’s death was planned. The focus now shifts to determining what evidence will be considered relevant for the retrial.
One of the key questions that arises from the judge’s order is the relevance of a life insurance policy in the case. Samuel questions whether the state can argue intent to kill if the judge has prohibited such allegations.
The retrial of Claud “Tex” McIver has garnered significant attention due to the high-profile nature of the case. As the legal battle continues, the public eagerly awaits the resolution of the appeal and the subsequent retrial.
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Source
Rosie Manins said Tex McIver murder retrial halted due to debate over evidence
