ATLANTA — Claud Lee "Tex" McIver III is set to stand trial for murder again starting Monday.
This will be the second time he stands trial in his wife's 2018 death as the Georgia Supreme Court reversed his murder conviction in June 2022.
A jury first convicted McIver, a well-known Buckhead attorney at the time, on felony murder, aggravated assault, and possession of a firearm during the commission of a felony charges 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 ultimately 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.
His attorneys appealed his felony murder conviction to the state Supreme Court on the grounds that the jury was not properly instructed to consider a lesser charge of involuntary manslaughter. The high court agreed, sending the trial back to square one. However, his other convictions remain.