Tex McIver was convicted of felony murder in 2018 after the shooting death of his wife, Diane McIver, two years prior.
Attorneys for McIver argued he unintentionally shot his wife on September 25, 2016. The two were riding in an SUV when he discharged a gun while traveling down Piedmont Road in Atlanta, court records show. McIver's attorneys are expected to revisit this argument Wednesday in front of the high court.
Diane died after being shot in the back with a handgun while in the passenger's seat of the SUV. Tex was riding behind her and had a loaded revolver in his lap, evidence showed.
A jury found the prominent Atlanta attorney guilty of felony murder, aggravated assault and possession of a firearm during the commission of a felony. He was also found guilty of witness influencing involving an exchange he had with a family friend.
In his appeal to the state Supreme Court, McIver argues that "the trial court erred in refusing to instruct the jury on the lesser included offense of misdemeanor involuntary manslaughter."
Court records indicate McIver is also faulting the trial, saying the court permitted the prosecution to introduce what he and his legal team call improper evidence. Such evidence relates to racial bias and unfounded theories related to McIver's motive, the appeal reads.
However, the state disagrees with McIver's claims, also "noting the appellant has failed to show that the jury’s verdict was the result of coercion."
Ultimately, that is up for the court to decide. Oral arguments will be heard starting at 10 a.m.