Judge
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Podcast Appearances
Biting words from the judge to an Atlanta attorney convicted in his wife's murder, Tex McIver is sentenced to life in prison with the chance for parole.
I respect their judgment. It seems to take a whole lot of... legal maneuvering to get around the existing precedent of that same Supreme Court, upon which I relied in concluding that a charge on lawful conduct that legitimately performed would be appropriate. The only other observation I'll make is that the jury rejected recklessness as a level of mens rea or intent in finding aggravated assault.
I respect their judgment. It seems to take a whole lot of... legal maneuvering to get around the existing precedent of that same Supreme Court, upon which I relied in concluding that a charge on lawful conduct that legitimately performed would be appropriate. The only other observation I'll make is that the jury rejected recklessness as a level of mens rea or intent in finding aggravated assault.
And so it struck me as even if the correct legal answer going forward is given certain evidence, you must charge on that lowest level of intent. If a jury concluded that a higher level of intent didn't apply either, then it was harmless error. wasn't addressed in the opinion. But it controls and the conviction was reversed and we got back at it.
And so it struck me as even if the correct legal answer going forward is given certain evidence, you must charge on that lowest level of intent. If a jury concluded that a higher level of intent didn't apply either, then it was harmless error. wasn't addressed in the opinion. But it controls and the conviction was reversed and we got back at it.
You don't see too many cases like this being overturned one level up, do you? You don't see a lot of people like Mr. MacGyver and all his connections either.
You don't see too many cases like this being overturned one level up, do you? You don't see a lot of people like Mr. MacGyver and all his connections either.
Dressed in a dark pinstripe suit, 81-year-old Claude Tex MacGyver was back in a Fulton County courtroom Monday.
Dressed in a dark pinstripe suit, 81-year-old Claude Tex MacGyver was back in a Fulton County courtroom Monday.
And we are here to start the trial of Mr. MacGyver.
And we are here to start the trial of Mr. MacGyver.
In 2018, a jury convicted Tex of killing his wife, Diane. But last year, the state Supreme Court threw out the conviction saying...
In 2018, a jury convicted Tex of killing his wife, Diane. But last year, the state Supreme Court threw out the conviction saying...
As long as this negotiated plea agreement is going to be made part of the record, it need not be part of the final disposition, but it needs to be enforceable should something change. And what the state could point to would be paragraph two that indicates that the settlement's going to be supervised by person X for the benefit of persons Y and Z and it's all in there.
As long as this negotiated plea agreement is going to be made part of the record, it need not be part of the final disposition, but it needs to be enforceable should something change. And what the state could point to would be paragraph two that indicates that the settlement's going to be supervised by person X for the benefit of persons Y and Z and it's all in there.
But the important part is not where it's going, where it's not going. And that is that Mr. MacGyver is abandoning any claim he might have colorable or otherwise to those settlement proceeds. Exactly right. Okay. Your understanding as well?
But the important part is not where it's going, where it's not going. And that is that Mr. MacGyver is abandoning any claim he might have colorable or otherwise to those settlement proceeds. Exactly right. Okay. Your understanding as well?
Okay. Got it. Then I think I understand the contours.
Okay. Got it. Then I think I understand the contours.
Mr. MacGyver, when you're ready.