“Judge Limits State’s Evidence in McIver Retrial, Prevents Allegations of Intent to Kill”
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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.”
Judge Limits State’s Evidence in McIver Retrial
In a recent development in the ongoing legal saga surrounding the shooting death of Diane McIver, a judge has issued a written order preventing prosecutors from alleging that Tex McIver, Diane’s husband, intended to kill her. The ruling, made by Judge Robert McBurney, will significantly limit the state’s evidence in the upcoming retrial.
The incident took place in September 2016 when Tex McIver shot his wife while riding in their SUV. At his first trial in 2018, McIver was acquitted of malice murder. However, the prosecution had planned to argue again in the retrial that Diane McIver’s death was planned. Judge McBurney’s ruling now prevents them from doing so.
Prosecutors from the Fulton County District Attorney’s Office have expressed their intention to appeal the order, which will now bring the case to the Supreme Court. Until the appeal is resolved, the retrial will have to be put on hold.
Donald F. Samuel, one of McIver’s attorneys, has expressed surprise at the state’s decision to appeal the ruling. He believes Judge McBurney’s ruling is “obviously correct.” Samuel argues that the acquittal in the first trial prevents prosecutors from rearguing the notion of a planned murder. Instead, the focus should now shift to determining what evidence is relevant for the retrial.
One specific point of contention is the relevance of a life insurance policy in the case. Samuel questions the significance of such evidence if the state is unable to argue intent to kill. He believes there is a gray area in understanding the implications of Judge McBurney’s decision.
The case has garnered significant attention due to the high-profile nature of the individuals involved. Tex McIver, now 80 years old, is a prominent Atlanta attorney. Diane McIver, his late wife, was a successful businesswoman and president of Corey Airport Services. The incident has raised questions about their relationship and the circumstances surrounding Diane’s death.
The retrial, whenever it takes place, will likely be closely watched as both sides present their arguments. With the state’s evidence limited by Judge McBurney’s ruling, the prosecution will have to carefully consider their approach. Meanwhile, McIver’s defense team will have the advantage of arguing against a predetermined narrative of intent.
As the legal battle continues, the McIver case serves as a reminder of the complexities and challenges faced by the justice system in providing a fair and just resolution for all parties involved..
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Rosie Manins said Tex McIver murder retrial halted due to debate over evidence
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