ATLANTA — In a second blockbuster ruling overturning a high-profile metro Atlanta murder conviction this month, the Georgia Supreme Court on Thursday granted a new trial to Tex McIver.
McIver, a prominent metro Atlanta attorney, was convicted in 2018 in the shooting death of his wife Diane two years prior.
RELATED: Attorney Tex McIver's murder conviction for killing his wife overturned by Ga. Supreme Court
He was given a life sentence in prison, but his attorneys argued the jury in the case was not properly instructed to consider a lesser charge of involuntary manslaughter.
The state Supreme Court agreed.
His attorneys originally argued he unintentionally shot his wife on September 25, 2016. The two were riding in an SUV when he discharged a gun while traveling down Piedmont Road in Atlanta, court records show.
Diane died after being shot in the back with a handgun while in the passenger's seat of the SUV. Tex was riding behind her and had a loaded revolver in his lap, evidence showed.
For the full 97-page ruling itself, see below:
Full ruling overturning Tex McIver murder conviction
"We conclude that the trial court erred in refusing McIver’s request to charge on the lesser grade of involuntary manslaughter, because the charge was authorized by law and some evidence supported the giving of the charge," the Court ruled. "We further conclude 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. We therefore reverse McIver’s convictions for felony murder and possession of a firearm in the commission of a felony."
Here's the full ruling: