ATLANTA — The retrial of former attorney Claud “Tex” McIver was indefinitely halted Tuesday, just a day after jury selection began.

A 2018 jury found McIver guilty of felony murder in the shooting death of his wife, Diane McIver.

The couple and their friend Dani Jo Carter were heading home from a party when Tex McIver shot Diane McIver in the back as he sat behind her in the car. Diane McIver died at the hospital.

Last year, the Georgia Supreme Court overturned McIver’s felony murder conviction, ruling the jurors didn’t receive proper instructions.

The judge issued an order preventing prosecutors from alleging that McIver intended to kill his wife, which will limit the state’s evidence.

During Tuesday’s hearing, the judge put a hold on the trial while the prosecution appeals that key ruling in favor of the defense, McIver’s attorney, Don Samuel, confirmed.

“We’ll figure out when we’re prepared to saddle up again and try this,” McBurney told the court.

Samuel said the Georgia Supreme Court appeal process could take months and the defense is preparing a motion for bond. Superior Judge Robert McBurney said he would consider the bond motion quickly.

A spokesperson for the Fulton County District Attorney’s Office said a final decision on whether to appeal the judge’s rulings won’t be made until he issues a written order.

Stay with 95.5 WSB for the latest on this developing story.

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