"It seems pretty clear to me that it would be a violation of the double jeopardy clause to allow [the state] to argue something that they lost at the first trial," Donald F. Samuel told the Daily Report on Wednesday.
December 06, 2023 at 12:12 PM
5 minute read
Litigation Reporter
The retrial of a former Atlanta attorney convicted of murdering his wife has been postponed following a dispute about admissible evidence.
Now a potential appellate challenge is brewing after Fulton County Superior Court Judge Robert McBurney on Tuesday issued an order restricting prosecutors from telling jurors that Claud Lee “Tex” McIver III intended to kill his wife.
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Tex McIver sits with his defense team at Fulton County Courthouse in March 2018. (Photo: HYOSUB SHIN / 
