Belinda Temple was eight months pregnant when she was shot in the back of the head in the couple's Katy home. The couple also had a 3-year-old son.
Testimony revealed Temple was having an affair with a co-worker who later became his wife.
Temple was found guilty in 2007 and sentenced to life in prison. But nine years later, the Court of Criminal Appeals, the highest criminal court in Texas, threw out the conviction, concluding prosecutors hid or delayed revealing hundreds of pages of evidence to Temple's defense team as he was tried for the murder.
FULL VIDEO: David Temple released from prison
The 11 page ruling stated evidence was "...purposely or actively hidden..." which "...handicapped defense counsel's overall performance."
"A prosecutor has a duty to give to the defense any evidence that's favorable to the defense," said Temple's attorney Stanley Schneider in 2016.
Schneider had also said there was evidence of another plausible killer other than Temple.
Now he is heading back to court to be re-tried.
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