The Supreme Court yesterday overturned the death sentence of a Texan man who came within 10 minutes of being executed last year The court ruled 7-2 to throw out the death sentence of Delma Banks. The court also unanimously agreed that Banks should be allowed to appeal his murder conviction because prosecutors may have improperly withheld information during the phase of the trial in which jurors found him guilty of killing 16-year-old Richard Whitehead. Banks, who says he did not commit the crime, is African-American. His victim was white, as were all 12 jurors.