He is accused in the slayings of mother and 15-year-old sister.
His lawyers, however, argued that it was unconstitutional to keep him in jail on the capital murder charges.
They noted that the U.S. Supreme Court has ruled that 17-year-olds (like Evans at the time of the killings) are juveniles and standard punishments for capital murder are unconstitutional for them.
That argument, however, was nullified last month when the state Legislature amended capital murder sentencing statues so that defendants under age 18 can now be punished with life in prison with parole possible after 40 years, instead of the death penalty or life with out possibility of parole.
-- Bill Miller