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WICHITA COUNTY (KFDX/KJTL) — A petition to reinstate the capital murder conviction of James Staley for the death of 2-year-old Jason Wilder McDaniel has gained the support of a top prosecutor for the State of Texas.

James Irvin Staley, III, 42, of Wichita Falls was convicted of capital murder and sentenced to life in prison without parole nearly two years ago, on March 13, 2023. He’s been serving that sentence in Amarillo’s Bill Clemens Unit of the Texas Department of Criminal Justice.

On March 6, 2025, almost a year after Staley’s appeal was submitted, the Second Court of Appeals in Fort Worth reversed his conviction and remanded for a new trial.

On May 5, 2025, prosecutors filed a petition with the Texas Court of Criminal Appeals, the highest court in Texas, requesting a discretionary review of the appellate court’s decision and asking for Staley’s conviction to be reinstated.

On May 14, 2025, a letter was filed by Stacey Soule, State Prosecuting Attorney, supporting the prosecution’s petition for a review of Staley’s reversed conviction.

Soule said in her letter that the petition “presents a novel issue that is likely to repeat in numerous domestic-violence cases throughout Texas.”

The letter from Soule can be found in its entirety below:

According to John Gillespie, Wichita County District Attorney, the State Prosecuting Attorney is appointed by the Court of Criminal Appeals and represents the state in appellate cases. He said Soule is highly respected by the Court of Criminal Appeals.

Gillespie said the State Prosecuting Attorney has the ability to file a letter if they see an appeal that is important to the future of case law in the state of Texas.

Gillespie also said it’s “very rare” when a State Prosecuting Attorney files a letter in support of a discretionary review petition, and that this is likely the first time such a letter has been filed in 2025. He said Soule backed all three issues presented in the prosecution’s petition.

According to Gillespie, only around eight percent of petitions for a discretionary review are granted by the Court of Criminal Appeals, and the fact that the State Prosecuting Attorney filed one in this case validates his belief that the decision should be reviewed.

“It’s very validating that the issues that we saw in the Second Court of Appeals’ decision, the State Prosecuting Attorney, who sees hundreds of cases every year, agreed with us,” Gillespie said. “It’s very validating and very encouraging.”

According to courthouse officials, it may take anywhere between a month and six months before the Texas Court of Criminal Appeals decides whether or not to grant the petition.

If the petition is granted, both Staley’s defense and prosecutors will then submit another brief to the highest court in Texas. Prosecutors have also requested that they be able to present oral arguments to the court.

Staley will remain incarcerated at the Clemens Unit while the petition is pending, according to courthouse officials.