An attorney representing imprisoned Atlanta lawyer Claud “Tex” McIver argued before the Georgia Court of Appeals Thursday that McIver is entitled to sue for his wife’s wrongful death—even if it means suing himself and the star witness against him.

Arguing that a wrongful death suit against McIver should be dismissed, McIver counsel James Scarbrough contended that state law gives McIver, not his wife’s estate, the right to sue, even though Tex McIver is serving a life sentence for Diane McIver’s murder.