The court further found that the evidence supporting that McIver intended to kill his wife was “disputed and circumstantial,” 첨가, “No witness testified to any disagreement or quarrel between McIver and Diane, and many witnesses testified that they were very much in love.”
The court also overturned McIver’s conviction for possession of a firearm in the commission of a felony, but did uphold his conviction of influencing a witness.
CNN에 대한 성명에서, McIver’s attorneys said they were “delighted” by the court’s decision, adding McIver was “deprived of a fair trial because the jury was not given the opportunity to find that the shooting was entirely the result of negligence, as opposed to an intentional killing.”
“He was entitled to a fair trial and did not get a fair trial. We look forward to showing the next jury that he is not guilty of murder,” attorneys Amanda Clark Palmer, Don Samuel and Bruce Harvey said in a statement.
McIver was still in the custody of the Georgia Department of Corrections Thursday evening, Clark Palmer told CNN, adding his attorneys were planning to file a bond motion “최대한 빨리.”
“I believe a judge will grant him a bond pending retrial,” 변호사가 덧붙였다.
CNN has reached out to the Fulton County District Attorney’s office for comment.
이것이 second high-profile murder conviction overturned by Georgia’s Supreme Court in the span of two weeks
. 지난주, the court overturned the murder conviction of 저스틴 로스 해리스, who had been sentenced to life without parole for the
2014 hot-car death of his 22-month-old son
그 경우, 법원은 판결했다 6-3 that evidence submitted by prosecutors of Harris’ extramarital sexual relationships had unfair prejudicial impact on the jury.