Wyoming Supreme Court rejects Eaton appeal

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By The Associated Press

Story Published: Aug 19, 2008 at 7:33 PM MST

Story Updated: Aug 19, 2008 at 7:33 PM MST

CASPER, WYOMING - The Wyoming Supreme Court has denied the appeal of a death-row inmate convicted of the 1988 kidnapping, rape and murder of a Montana teenager.

In an unanimous ruling issued Monday, the justices affirmed Dale Wayne Eaton's 2004 conviction and death sentence, while rejecting his motion for a new trial. Eaton's attorneys asserted, among other things, that his trial counsel offered ineffective assistance, that he was not competent for trial and that jury selection was unconstitutional. However, the justices said they were satisfied that evidence supported the jury's findings and that the death penalty was not imposed wrongly.

Eaton was convicted of raping and killing Lisa Marie Kimmell as she was passing through Casper on her way to visit her parents in Billings.

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