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Prominent Buckhead attorney Tex McIver will stand trial once again in wife's shooting death

After the Georgia Supreme Court reversed his murder conviction, a new trial will begin in September.

ATLANTA — Claud Lee "Tex" McIver III will head to trial once again.

After the Georgia Supreme Court reversed his murder conviction last summer, McIver will stand trial once again this September, court records show.

McIver was denied bond last October and remains in jail. His legal team submitted a new motion for bond last November and is still awaiting a hearing. 

A jury convicted McIver on felony murder, aggravated assault, and possession of a firearm during the commission of a felony in 2018 in the death of his wife. During the trial, he was also found guilty of influencing a witness stemming from an exchange he had with a family friend.

McIver was found guilty of intentionally killing his wife Diane on Sept. 25, 2016. Diane died after being shot in the back with a handgun while in the passenger's seat of an SUV. Evidence during the trial showed McIver was riding behind her and had a loaded revolver in his lap. 

The state argued that McIver had a financial motive for shooting and killing his wife. Defense attorneys for McIver denied that motive, saying the allegations were nothing more than a tragic accident. 

Though the jury found McIver guilty of felony murder, his attorneys appealed to the state Supreme Court on the grounds that the jury was not properly instructed to consider a lesser charge of involuntary manslaughter.

Ultimately, the Supreme Court agreed.

“The charge was authorized by law and some evidence supported the giving of the charge,” the state Supreme Court opinion stated.

The Court added that “the failure to give the charge was not harmless error, because we cannot say that it is highly probable that this error did not contribute to the jury’s verdicts.”

McIver's new trial is set to begin on Sept. 20, 2023.

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