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DIANE MCIVER: The State of GA vs. Claude "Tex" McIver *GUILTY*

Discussion in 'Courtroom' started by walkie-talkie, Apr 26, 2017.

  1. Paradise

    Paradise Media Mod

    noZme, walkie-talkie and spike like this.
  2. walkie-talkie

    walkie-talkie Can you hear me now?

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  3. walkie-talkie

    walkie-talkie Can you hear me now?

    Jessica Noll‏Verified account@JNJournalist Jun 26
    McIver in court today; prosecution requests jail transfer #TexMcIver

    AJC‏Verified account@ajc Jun 26
    Is #TexMcIver receiving special treatment? #FultonDA says yes.
    Read why: http://on-ajc.com/2tMGGdz

    Dante Renzulli CBS46‏@renzullicbs46 Jun 26
    Fulton DA Paul Howard on stand, says Fulton Sheriff Ted Jackson could not answer why Tex McIver was moved to smaller jail in Alpharetta

    Morse Diggs‏Verified account@MoDiggsFOX5 Jun 26
    Judge indicating it is sheriff's decision where Tex McIver should be housed.

    Dante Renzulli CBS46‏@renzullicbs46 Jun 26
    Jail staff tells court: Tex McIver was moved to a different facility because they ran out of space. No other reason.

    Cathy‏@CCLawNewz Jun 26
    #TexMcIver - The hearing finally adjourned at 7:12pm. Judge rules McIver will stay in Alphretta facility.
    spike and Paradise like this.
  4. walkie-talkie

    walkie-talkie Can you hear me now?

    EXCLUSIVE: Is Tex McIver influencing murder case? You decide
    Listen to audio of his jailhouse phone calls

    Is Claud “Tex” McIver trying to influence the murder case against him from behind bars?

    Fulton County prosecutors say yes. As evidence, they point to three jailhouse phone calls and a videotaped visit showing McIver reaching out to influential people and a potential witness. But McIver’s defense attorneys say prosecutors are misrepresenting the discussions, and that McIver is doing no such thing.

    Now you can decide for yourself. The Atlanta Journal-Constitution has obtained exclusive audio recordings of the conversations. They played a role in Judge Robert McBurney’s decision to deny bond to the 74-year-old attorney, who is charged with murder in the shooting death of his wife, Diane, last September. The tapes were provided by defense attorney William Hill at the request of the AJC.

    Jay, Kimster, spike and 1 other person like this.
  5. noZme

    noZme Bronze Member

    Prosecution: Diane McIver’s second will would’ve cost husband his ranch

    Posted: 6:54 p.m. Wednesday, February 28, 2018

    For the prosecution, it answers the nagging question of motive in the murder trial of Claud “Tex” McIver, accused of murdering his wife.

    But for the defense, there’s nothing there — literally.

    Diane McIver, shot and killed by Tex McIver in September 2016, had a second will, the state contended Wednesday at a pre-trial hearing, one that would’ve adversely impacted her husband’s finances. Jury selection starts Monday morning for a trial the two sides expect will last roughly four weeks.

    Prosecutors don’t have a copy of that alleged second will, however, and they won’t be calling any witnesses testifying they’ve seen it. But they insist it does exist and would’ve bequeathed the couple’s Putnam County ranch to their godson — not Tex McIver.

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  6. noZme

    noZme Bronze Member

    Tex McIver released on bond after 8 months in Fulton jail



    excellent read here:
    attorney accused of killing wife doesn't want jurors to hear long list of evidence

    McIver and his attorneys have maintained he accidentally shot his wife while holding a gun in the back seat of an SUV.
    In court Wednesday, prosecutors said they plan to call nearly 100 witnesses and believe the state’s case will take nearly a month to complete.
    As for the evidence, McIver’s attorneys filed lengthy motions about several issues:
    “As the Court noted in its Order dated January 2, 2018, this case is not a ‘whodunit; but a ‘whydunit.’”

    Prosecutor Clint Rucker conceded there is no physical will to show the jury, but he says there are email exchanges that discuss that Ms. McIver wanted her will changed to bequeath the couple’s Putnam County ranch to their godson, and that Mr. McIver objected to those changes.

    Prosecutors also alleged Mr. McIver owed his wife nearly $350,000 at the time of her death related to his ownership of the ranch.

    “(The) State is also not allowed to engage in rank speculation and present various illusory theories to the jury to attempt to prejudice the jury against the defendant,” the motion reads.“Throughout the course of the pretrial litigation, the prosecution has suggested various theories upon which it will attempt to prove the malice murder, aggravated assault and possession of a weapon charges, including an illusory financial motive to commit the crime, as well as circumstantial evidence that borders on the absurd, to prove that Mr. McIver intentionally killed his wife. “

    Among the evidence attorneys want excluded from trial:

    Any evidence that Diane McIver had a second will:
    Evidence of locations of fire stations or hospitals near the scene of the shooting:
    Evidence of an estate sale after Ms. McIver’s death:
    Evidence of Mr. McIver’s demeanor at the hospital:
    Evidence of racial motivation:
    Evidence from the medical examiner on cause of death:


    Last edited: Mar 1, 2018
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  7. noZme

    noZme Bronze Member

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  8. noZme

    noZme Bronze Member

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  9. noZme

    noZme Bronze Member

    timeline of events related to the Tex McIver case

    Sept. 25, 2016: Tex McIver shoots Diane in their SUV near Piedmont Park. She dies early the next morning at Emory University Hospital on Clifton Road.

    Sept. 26, 2016: An autopsy performed on Diane McIver determines she died of a gunshot wound to the back. The medical examiner declares the incident a homicide.

    Oct. 6, 2016: In his first public comments on the case, Tex McIver tells The Atlanta Journal-Constitution that the shooting was an accident.

    Oct. 12, 2016: The AJC reports that in 1990 Tex McIver fired his gun at a car carrying three teens outside his DeKalb County home. A grand jury found probable cause to indict him, but the case was dropped after the parties settled it privately.

    December 2016: Tex McIver sells off his late wife’s clothing, jewelry, hats, furs and other possessions at an estate sale that lasts several days and draws thousands of people.

    Dec. 21, 2016: Atlanta Police charge Tex McIver with involuntary manslaughter and reckless conduct in the shooting death of his wife. The charges suggest they believe Tex McIver’s claim that the shooting was an accident.

    Dec. 31, 2016: It emerges that Tex McIver owed his wife $350,000 at the time of her death. McIver says the money went to build a barn with guest quarters on the couple’s farm in Putnam County.

    April 14, 2017: Prosecutors serve multiple subpoenas seeking the McIvers’ financial records. The move makes clear that the Fulton County district attorney’s office is not convinced the shooting was an accident.

    April 26, 2017: McIver has his bond revoked after a Glock pistol is found in the sock drawer of his Buckhead condo. Following a three-day hearing, a Fulton County judge sends McIver to jail.

    April 27, 2017: McIver is indicted on a charge of malice murder along with six other charges, including three counts of influencing a witness.

    Oct. 19. 2017: Judge Robert McBurney delays the trial, which had been scheduled to start Oct. 30, and clears the way for McIver to be released from prison.

    Nov. 21, 2017: McIver loses key members of his defense team. He replaces them with Bruce Harvey and Don Samuel, two well-regarded Atlanta criminal defense attorneys.

    Dec. 12, 2017: McIver posts bond and leaves the Fulton County jail after nearly eight months.

    Feb. 24, 2017: Prosecutors add criminal charges against McIver — attempted bribery and obstruction. Their witness is Jeff Dickerson, a public relations consultant who once acted as a spokesman for McIver.

    March 5, 2018: Jury selection is set to begin in Fulton County Superior Court

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  10. noZme

    noZme Bronze Member

  11. noZme

    noZme Bronze Member


    Tex McIver. September 25, 2016. Atlanta, Georgia. Tex and Diane McIver are a very well to do couple who are being driven home by a friend named Dani Jo Carter after having some drinks. Diane sat up front in the passenger seat while her husband sat behind her. Dani Jo exits a backed up highway then drives the couple through a neighborhood that makes Tex a little nervous and he retrieves a gun to keep in his lap. Not too long after that the gun is fired and Diane is struck in the back and they immediately go to a hospital. Despite efforts to save her life, Diane dies. As the investigation got under way, some started to believe that this was no accident and that Claude 'Tex' McIver may have planned his wife's death and that a hidden will holds the key to his motivation...
    Uno2Much and spike like this.
  12. noZme

    noZme Bronze Member

    adding bits & pieces

    McIver had originally been charged with misdemeanor reckless conduct and felony involuntary manslaughter in the September 2016 death of Diane McIver.

    He was released on $200,000 bond, with conditions that included wearing of an ankle monitor, surrendering his passport and having no contact with anyone employed with Diane's business. At the time, he was also told he was not allowed to carry any weapons. That bond was revoked, however, after a gun was found inside his Buckhead condominium. Prosecutors said they also believed Tex was hiding a secret will that his wife drafted prior to her death.

    The following April 2017, a Fulton County grand jury returned an indictment upping McIver's charges to malice murder and six other counts, including three counts of efforts to unlawfully influence witnesses in the case.

    According to the indictment, Tex McIver is accused of instructing the woman driving the SUV at the time of the shooting, Dani Jo Carter, to tell authorities that she was not present when Diane was shot.

    The indictment also states that McIver told Charles William Crane to retract a statement that Crane made to news media after the shooting. Crane had detailed the moments after the incident to 11Alive and other media outlets. (Click here for that story)

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  13. noZme

    noZme Bronze Member

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  14. noZme

    noZme Bronze Member

    Did Tex McIver’s wife have a second will? Judge allows evidence in

    With jury selection about to get underway in the murder trial of TexMcIver, the judge in the case ruled on several motions largely favorable to the prosecution.

    Jurors will hear testimony on Diane McIver’s second will even though the prosecution has been unable to produce the actual document. The judge also rejected defense motions to suppress testimony regarding the controversial estate sale of Diane McIver’s jewels and clothing a few months after she was shot by her husband -- accidentally, he insists -- in September 2016.

    Evidence regarding Tex McIver’s alleged fears about a Black Lives Matter protest, which prompted him to remove his gun from the console in the couple’s Ford Expedition, will also be heard, Fulton Superior Court Judge Robert McBurney ruled. While McIver’s decision not to call 911 after the shooting will be allowed, the state may not introduce testimony about how the defendant opted to bypass Grady Memorial Hospital even though it was the best option, treatment-wise, for his ailing wife.

    Jury selection is expected to take at least three days, likely more.


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  15. noZme

    noZme Bronze Member

  16. noZme

    noZme Bronze Member

    WATCH LIVE Gavel-to-Gavel Coverage

    He is facing a 7-count indictment.

    Ct. 1: Murder

    Ct. 2: Felony Murder

    Ct. 3: Aggravated Assault with a deadly weapon

    Ct. 4: Possession of a firearm during the commission of a felony

    Ct. 5: Influencing witnesses

    Ct. 6: Influencing witnesses

    Ct. 7: Influencing witnesses

    Change of venue is a possiblity
    Veronica Waters‏@MissVWaters 5h5 hours ago

    Change of venue?? #TexMcIver Judge Robert McBurney notes in first panel of 48 potential jurors, 18 had formed opinions; in 2nd panel, it’s 27. “We are definitely moving in the direction of, Do we get a jury in Fulton County?” Calls it “a problematic trend” @wsbradio

    Veronica Waters‏@MissVWaters 4h4 hours ago
    Juror #56 in the #TexMcIver jury pool says in his opinion, “Mr. McIver is guilty...I own probably 39 guns and I know they don’t go off by accident.” @wsbradio

    Veronica Waters‏@MissVWaters Mar 5
    #TexMcIver listens as the first panel of his potential jurors is questioned. Fifteen say they’ve formed opinions of his guilt or innocence in the alleged murder of his wife, Diane. @wsbradio – at Fulton County Courthouse


    Where is @walkie-talkie? We need you!
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  17. noZme

    noZme Bronze Member

    Sad but true:
    The more stupid a prospective juror appears to be, the more defense wants to seat them.
    And if they clearly don't like cops - like maybe because they have a "history," that's even better.
    Paradise likes this.
  18. noZme

    noZme Bronze Member

  19. Paradise

    Paradise Media Mod


    7 minutes ago

    Author: Christopher Buchanan
    Published:12:34 PM EDT April 18, 2018
    Updated:6:30 PM EDT April 23

    The jury in the Tex McIver trial has found the prominent Atlanta attorney guilty of felony murder.

    Tex McIver is accused 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. Tex was riding behind her and had a loaded revolver in his lap.


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  20. noZme

    noZme Bronze Member

    "McIver, 75, showed no emotion as the verdict was read. He took off his belt, gave it to one of his attorneys, placed his hands behind his back to be handcuffed and was led from the courtroom by sheriffs deputies.

    He was being booked into the Fulton County Jail Monday night, officials said."

    No emotion as verdict was read although McIver wept, or tried to squeeze out a tear, in the early days of the trial when witnesses were describing the scene at the hospital the night he shot his wife. I followed most of the testimony live & knew my verdict all along. Nothing came out in the trial to change my opinion reading about this since the morning after.

    And the contrary, often late to court, juror # 61 responded to a shouted question from reporters.
    “He's guilty!” she said. “He's going to jail!”

    I was worried about her. Thanks Juror 61, all the others, alternates who sat thru 6 weeks but didn't get to deliberate, Prosecution team led by ADA Mr Clint Rucker & Judge Robert McBurney who presided thru some difficult issues & kept a cool courtroom.

    I've been away all afternoon & have to go back & find a replay of the verdict. Sometimes they get it right. Whew!

    Ole Tex, all the money you need now is for the prison commissary & you though losing your law partnership was bad.

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