Legal Justice
Felony homicide retrial of former Fisher Phillips accomplice delayed amid proof dispute
Former Fisher Phillips accomplice Claud “Tex” McIver sits throughout closing arguments in his trial on the Fulton County Courthouse in Atlanta in April 2018. Picture by Bob Andres/The Atlanta Journal-Structure by way of the Related Press.
Up to date: The felony homicide retrial of former Fisher Phillips accomplice Claud “Tex” McIver, who’s accused of fatally taking pictures his spouse, has been delayed to permit prosecutors to attraction an proof ruling for the protection.
Choose Robert C.I. McBurney of Fulton County, Georgia, excused potential jurors Tuesday, report the Atlanta Journal-Constitution and Fox 5 Atlanta. The trial has been delayed indefinitely.
“We’ll determine after we’re ready to saddle up once more and do that,” McBurney stated.
McBurney stated Tuesday he would put together a written ruling barring prosecutors from introducing proof displaying that McIver supposed to kill his spouse when he fatally shot her whereas using in an SUV in September 2016.
Jurors had acquitted McIver of malice homicide in April 2018 however had convicted McIver of felony homicide, aggravated assault with a lethal weapon, possession of a firearm within the fee of a felony and influencing a witness.
Due to the acquittal, attorneys for McIver had argued, prosecutors might argue that their consumer supposed to shoot his spouse however not that he supposed to kill her, Law360 experiences. McBurney agreed with the protection.
The argument stems from the doctrine of collateral estoppel, which prevents rehashing points essentially determined in a previous trial. The problem within the McIver case is whether or not the doctrine prevents a “dialogue about intent to kill and the proof that flows from that,” McBurney stated.
McIver was within the again seat and his spouse, Diane McIver, was on the entrance seat passenger facet on the time of the taking pictures. McIver had maintained that he by chance shot his spouse after falling asleep whereas holding a gun for cover because the automobile traveled by means of what he thought was a nasty neighborhood.
Prosecutors had contended that McIver was dealing with monetary issues and owed his spouse lots of of 1000’s of {dollars} when he shot her. McIver’s legislation agency revenue had dropped from a mean of $570,000 to $275,000 throughout his marriage.
The Georgia Supreme Courtroom reversed the convictions for felony homicide and possession of a firearm within the fee of a felony in June 2022 as a result of McBurney didn’t enable jurors to contemplate a misdemeanor cost of involuntary manslaughter.
A lawyer for McIver, Donald F. Samuel, informed the Atlanta Journal-Structure that he was shocked that prosecutors plan to attraction McBurney’s “clearly right” ruling. Due to the acquittal on a cost of malice homicide, he stated, prosecutors can’t argue that the taking pictures was deliberate.
McIver will flip 81 on Dec. 22, based on the Atlanta Journal-Structure. His attorneys say McIver now has issues together with his reminiscence and his skill to speak logically, based on a Dec. 2 article by the Atlanta Journal-Structure.
See additionally:
“Fisher Phillips cut partner’s pay and demoted him before he shot his wife, firm leaders testify”
Up to date Dec. 6 at 8:30 a.m. to incorporate data from Law360.
