RULING BY THE ARKANSAS SUPREME COURT. TODAY JUSTICES ORDERED A NEW TRIAL FOR A MAN ON DEATH ROW CONVICTED OF KILLING HIS SIX- YEAR-OLD SON. MAURICIO TORRES WAS ARRESTED IN APRIL 2015 ON CAPITAL MURDER, RAPE AND BATTERY CHARGES. INVESTIGATORS SAY HE SEXUALLY ASSAULTED HIS SON WHILE THE FAMILY WAS CAMPING IN MISSOURI. THE NEXT DAY, THE CHILD DIED AT AN ARKANSAS HOSPITAL. IN NOVEMBER 2016 -- A JURY CONVICTED TORRES. IT TOOK THEM LESS THAN THREE HOURS TO SENTENCE HIM TO DEATH BY LETHAL INJECTION. BECAUSE MAURICO TORRES WAS ON DEATH ROW- HE WAS GUARANTEED AN APPEAL - WHICH IS WHY THE COURT ISSUED AN OPINION ON HIS CONVICTION. WE SPOKE WITH A LEGAL EXPERT TO BREAK DOWN WHAT THIS MEANS AND IF IT COULD'VE BEEN AVOIDED. 3:27 "none of us have an enviable job of covering it again..im sort of shocked on a human level that we're back here again. BECAUSE PROSECUTORS SAY MAURICO TORRES RAPED HIS 6-YEAR-OLD SON ISIAH IN MISSOURI ..BUT ISAIAH DIED IN ARKANSAS... THE STATE SUPREME COURT DECIDED THAT IN BENTON COUNTY THEY COULD NOT USE RAPE AS A JUSTIFICATION FOR THE CAPITAL MURDER CONVICTION. IT WAS THE STATE SUPREME COURT'S OPINION THAT ALL ELEMENTS OF A CRIME HAVE TO BE COMMITTED IN ARKANSAS IN ORDER TO PROSECUTE IN THE STATE. LEGAL EXPERT BRIAN GALLINI SAYS A JURY CONVICTED HIM ON TWO THEORIES OF RAPE AND CHRONIC CHILD ABUSE: 2:06 "when the jury looks at those two theories - they don't have to agree on which theory leads to guilt-instead they just have to agree that the defendent is guilty. GALLINI SAYS IT COULD'VE BENEFITTIED ARKANSAS PROSCUTORS TO REVEAL WHICH THEORY THE JURY RELIED ON TO CONVICT TORRES--- WHICH HE SAYS COULD HAVE AVOIDED THE CONVICTION BEING OVERTURNED. 1;18 "the same evidence that exists can be used to retry him again and i would bet a mortage payment that we'll be back with a guilty verdict." THE PROSECUTING ATTORNEY SAYS IF IT GETS TO TRIAL AGAIN, THEY WILL PURSUE THE DEATH PENALTY. MEANWHILE--- TORRES IS STILL SERVIVING 20 YEARS IN PRISON FOR A BATTERY CONVICTION.