ATLANTA — The Fulton County district attorney’s office will retry former Atlanta lawyer Claud “Tex” McIver for the alleged murder of his wife Diane McIver in September 2016, the office disclosed in a court motion filed Friday.
McIver, 79, was found guilty of his wife’s murder during a 2018 trial. But last month the Georgia Supreme Court overturned the conviction on grounds jurors should have been allowed to consider convicting McIver of a lesser manslaughter charge during their deliberations.
In its court motion, Fulton prosecutors asked Superior Court Judge Robert McBurney, who oversaw the case, to set a trial date within 180 days. The office said it will retry McIver on three charges: felony murder, aggravated assault with a deadly weapon and possession of a firearm during the commission of a felony.
