Monday's hearing is the latest update in a case that has had a lot of twists and turns over the past two decades.
Temple has been convicted twice of murdering his wife, Belinda, and their unborn child, Erin, in 1999 inside the couple's Katy home.
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David was a high school coach and Belinda was a teacher.
The first conviction happened in 2007, but it was thrown out due to prosecutorial misconduct.
The second trial happened in 2019 and also ended in a conviction, but the jury could not agree on Temple's sentence.
Now as a new jury is set to be seated for the sentencing portion, Temple's attorney argued that he should be given an entirely new trial to determine guilt or innocence. Additionally, they requested a delay in either trial or sentencing, since Temple's parents have both died in the last few months.
SEE ALSO: Former football coach convicted 20 years after murder of pregnant wife
The murder of Belinda Temple: Timeline
"We were disappointed. We wanted a verdict. We wanted finality for the family," Prosecutor Lisa Tanner said when the jury couldn't agree on a sentence in 2019.
"The jury will hear everything again," Defense attorney Stanley Schneider said.
When asked if he expected a change of venue at the time, Schneider said, "No. If you can't get a jury in Harris County, you can't get a jury any place."
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