(CNN)Thursday's Georgia Supreme Court convicts the murder of a prominent Atlanta lawyerfor his wife's death. It was unanimously overturned. He is a new trial.
The Georgia Supreme Court ruled that a jury should be instructed by the court to consider reducing allegations of unintentional manslaughter, and McIver's serious murder. Overturned the conviction.
Based on the evidence and testimony during the trial, the court said, "The jury surprised him, as McIver suggests, rather than the revolver being fired intentionally or intentionally. He said he may have concluded that he was discharged as a result. The ruling said he woke up, reflexively or unknowingly clasped a bag holding a firearm and inadvertently contacted the trigger. " ..
The court further found that the evidence supporting McIver's intention to kill his wife was "controversial and contextual" and "McIver and Diane's. No witnesses testified to disagreements or disputes between them. They testified that they were in love very much. "
The court was also guilty of possessing firearms on behalf of a serious crime. He overturned the sentence, but upheld his conviction that it affected the witnesses.
In a statement to CNN, McIver's lawyer said he was "happy" with the court's decision, and the jury said that the shooting was the result of negligence, as opposed to a completely deliberate killing. ..
"He was entitled to a fair trial and did not have a fair trial. I look forward to showing the next jury that he is not guilty of murder." "The lawyers Amanda Clark Palmer, Don Samuel and Bruce Harvey said. In the statement.
McIver was under the control of the Georgia Correctional Bureau Thursday evening, Clark Palmer told CNN that his lawyer plans to file a bond claim "as soon as possible." Added.
"I believe the judge will give him a deposit while waiting for a retrial," the lawyer added.
CNN has contacted Fulton County District Law Firm for comment.
In that case, the court ruled 6-3 that the evidence submitted by Harris' extramarital sex prosecutor had an unreasonable detrimental effect on the jury.