Did Tex McIver’s wife have a second will? Judge allows evidence in

03/05/2018 -- Atlanta, GA - Claude "Tex" McIver sits with his attorneys during the first day of jury selection for the case before Fulton County Chief Judge Robert McBurney on Monday, March 5, 2018. ALYSSA POINTER/ALYSSA.POINTER@AJC.COM

With jury selection about to get underway in the murder trial of TexMcIver, the judge in the case ruled on several motions largely favorable to the prosecution.

Jurors will hear testimony on Diane McIver's second will even though the prosecution has been unable to produce the actual document. The judge also rejected defense motions to suppress testimony regarding the controversial estate sale of Diane McIver's jewels and clothing a few months after she was shot by her husband -- accidentally, he insists -- in September 2016.

Evidence regarding Tex McIver’s alleged fears about a Black Lives Matter protest, which prompted him to remove his gun from the console in the couple’s Ford Expedition, will also be heard, Fulton Superior Court Judge Robert McBurney ruled. While McIver’s decision not to call 911 after the shooting will be allowed, the state may not introduce testimony about how the defendant opted to bypass Grady Memorial Hospital even though it was the best option, treatment-wise, for his ailing wife.

Jury selection is expected to take at least three days, likely more.

Stay with The Atlanta Journal-Constitution for every twist and turn in the Tex McIver murder trial. We’ll provide minute-by-minute courtroom action as well as in-depth legal analysis of what it all means. Find links to our daily coverage, the “Breakdown” podcast, and previous stories at our website, myajc.com/crime