the Texas Court of Criminal Appeals, in a 5-4 ruling...

the Texas Court of Criminal Appeals, in a 5-4 ruling, upheld the capital murder conviction of Irving Alvin Davis but threw out his death sentence for the June 3, 2001, slaying of a 15-year-old girl, Melissa Medina.
The majority agreed with Davis' appeal that the judge improperly ruled in favor of prosecutors, who objected to testimony from nine acquaintances who wanted to give their opinions whether Davis would be a continuing threat to society. The question of future violence is one a capital murder jury in Texas considers when deliberating a death sentence.
"The opinions of nine lay witnesses who actually knew (Davis) were erroneously withheld, while the contrary opinion of an expert as to a hypothetical person was admitted," the court said in an opinion written by Judge Paul Womack.
The decision sends the case back to the trial court for a new punishment hearing.
At the time of his arrest Davis was 18.