That means Benjamin Prince will not be re-tried and will have to spend life in prison without the eligibility for parole, as he was originally sentenced.
In June, a jury found Prince guilty in the August 2009 fatal beating of his son, Trebian.
Prince first beat him with a gun, then a claw hammer.
Prince is also indicted for murder for fatally shooting his cousin, John, and for aggravated assault for shooting his common-law wife in the same incident.
She survived with a wound to the shoulder.
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