A former Georgia lawyer whose 2018 conviction for his wife’s murder was overturned last month is going to be retried in her 2016 slaying.

Claud “Tex” McIver, who reportedly still in custody, will be retried on charges of felony murder, aggravated assault with a deadly weapon and possession of a firearm during the commission of a felony in relation to the fatal shooting of his wife, Diane, the Fulton County District Attorney’s Office said in a motion filed Friday, CNN reports.

Diane McIver was killed while sitting in front of her husband in a car, according to the outlet.

McIver, according to the motion, is currently serving five years — “which will have elapsed soon” — for influencing a witness, the outlet reports. The conviction on that charge was not overturned by Georgia’s Supreme Court in June when it overturned McIver’s felony murder conviction.

The court — which said the jury should have been notified it could convict on the lesser charge of involuntary manslaughter — reasoned in overturning the conviction that evidence regarding intent was “disputed and circumstantial” and that it could have supported McIver’s claim that he accidentally shot his wife.

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