Just over seven years after a young Wichita Falls boy was savagely beaten to death, his father is back in the Wichita County Jail waiting for a proceeding to see if his appeals will move forward.
Attorneys for Benjamin Prince filed a motion for a writ of habeas corpus.
That’s often done for defendants whose state appeals have been exhausted.
Prince was found guilty of capital murder of a person under 6 years old after a short jury deliberation in 2012.
He was given life without parole, the mandatory punishment when the death penalty is not given.
The jury found Prince guilty of fatally beating his almost two year old son, Trebian, with a gun and with a claw hammer in 2009, and of shooting his common- law wife in the same incident.
Two other children were found unharmed hiding in a closet.
After an application for a writ is filed, the trial court has 20 days to decide if there is any basis for the appeals court to rehear the case, such as new evidence, ineffective legal counsel, or violation of the constitution.
The 8th District State Court of Appeals previoulsy rejected an appeal of this case.