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Thread: Dale Wayne Eaton - Wyoming

  1. #61
    Administrator Moh's Avatar
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    On September 27, 2018, oral argument will be heard in Eaton's appeal before the Tenth Circuit.

    https://www.ca10.uscourts.gov/sites/...r_2018_Cal.pdf

  2. #62
    Administrator Moh's Avatar
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    Eaton's panel will be made up of Judges Hartz (G.W. Bush), Moritz (Obama) and Eid (Trump).

    https://www.ca10.uscourts.gov/sites/...2018_Final.pdf

  3. #63
    Administrator Helen's Avatar
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    Federal appeals court: Wyoming prosecutors can again seek death penalty for Dale Wayne Eaton

    By Shane Sanderson
    Casper Star-Tribune Online

    A Wyoming man who kidnapped, raped and murdered a woman in 1988 and was convicted of the crimes more than a decade later could still be subject to the death penalty, according to a Tuesday ruling from a federal appeals court in Denver.

    Dale Wayne Eaton, 74, was Wyoming's only death row inmate from his 2004 jury conviction on four felonies until 2014, when a federal judge in Cheyenne overturned the jury's sentence of death. Judge Alan Johnson ruled that Eaton's court-appointed defense lawyers had performed deficiently at sentencing and vacated his conviction but gave prosecutors the opportunity to again seek to sentence him to death.

    In Eaton's latest appeal, he had asked the Denver appeals court to deny prosecutors that option, but, in its Tuesday opinion, the 10th U.S. Circuit Court of Appeals declined to do so.

    Former Natrona County District Attorney Mike Blonigen, who tried Eaton in 2004, said Tuesday evening he was not largely surprised by any portion of the opinion. He said he expects any appeal to the U.S. Supreme Court before resentencing would likely not be heard. The trial prosecutor declined to say whether he would like to handle the sentencing hearing, saying that was a decision entirely up to Dan Itzen, who replaced him as district attorney in January. Itzen could not be reached by phone Tuesday evening.

    Attorney General Bridget Hill, whose office handled the 10th Circuit appeal, typically does not comment on ongoing cases. She declined by email Tuesday to diverge from that policy.

    Sean O’Brien, the Kansas City lawyer and law professor who led Eaton's appeal, did not immediately respond to a late afternoon call for comment.

    The case began more than 30 years ago, when authorities began investigating Lisa Marie Kimmell's death. The Billings, Montana, woman's body turned up in the North Platte River, but investigators hit a decade of dead ends.

    In 1998, after Eaton was convicted of assault and sent to Wyoming State Penitentiary, authorities took his DNA and found it matched evidence found on Kimmell's body. Investigators, however, did not immediately make the finding public. In 2002, authorities unearthed Kimmell's car on Eaton's property in Moneta, about an hour from Casper.

    In 2003, the Natrona County District Attorney's Office charged Eaton with Kimmell's death, and Blonigen took the case to trial in early 2004. After two weeks in the courtroom, jurors convicted him of every charge he faced — first-degree premeditated murder, felony murder, aggravated kidnapping, aggravated robbery and first-degree sexual assault — and Eaton's case went to sentencing. Days later, the jury found Eaton should be put to death.

    The Wyoming State Public Defender's Office appealed the case in 2005, beginning a series of post-conviction proceedings that have not yet been resolved.

    Judges halted execution dates set for 2008 and for 2010, when Eaton appealed to the federal system. In 2014, Johnson, the Cheyenne judge, vacated Eaton's sentence and gave prosecutors a 120-day deadline to seek a new sentencing hearing. Eaton asked Johnson to order the state court to sentence him to life without parole, but the judge declined to do so.

    Eaton appealed to the 10th Circuit and the 120-day time frame expired. The federal district court ruled prosecutors, however, could still pursue a hearing to impose the death penalty. Eaton appealed the decision as well, and the 10th Circuit judges on Tuesday largely ruled against him on all four issues he brought.

    In its 43-page ruling, a panel of three judges first considered a set of arguments born of an appeal to the Wyoming Supreme Court, where Eaton argued his lawyer had offered deficient representation at trial. The federal panel agreed with the state appeals court's ruling, however, that because Eaton was mentally competent his trial lawyer could not be deficient when he did not contest competency. The opinion, penned by Judge Nancy Moritz, likewise denied an argument that Eaton should have been allowed on appeal to bring new evidence on the issue.

    A second set of arguments state that Eaton's constitutional rights were being denied when Johnson allowed a new penalty hearing. The federal panel, however, ruled the state-level sentence would be able to fairly incorporate whether and how the passage of time has prejudiced the sentencing hearing.

    The 10th Circuit likewise rejected the final two arguments brought by Eaton's lawyers. Although they had argued Johnson improperly determined that Eaton is still subject to the death penalty, the appellate panel ruled his arguments before the state court contradicted his federal arguments. In response to his final argument, that prosecutors suppressed evidence of their connection to a trial witness, the judges ruled the issue as appealed was irrelevant upon reversal of the sentencing decision.

    Proceedings will pick up where they paused in Natrona County District Court upon appeal to the federal system.

    https://trib.com/news/local/crime-an...a90ac4baf.html
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  4. #64
    Senior Member CnCP Legend Mike's Avatar
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    Yeah lets waste another million bucks sentencing some senior to death in a state that hasn't executed a person in 25 years. I can almost smell the glee some from some public defender waiting to milk this case for all he can.
    "There is a point in the history of a society when it becomes so pathologically soft and tender that among other things it sides even with those who harm it, criminals, and does this quite seriously and honestly. Punishing somehow seems unfair to it, and it is certain that imagining ‘punishment’ and ‘being supposed to punish’ hurts it, arouses fear in it." Friedrich Nietzsche

  5. #65
    Moderator Ryan's Avatar
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    If prosecutors were seeking the death penalty again for Eaton, he would never be executed despite the fact he is 74 and Wyoming hasn't executed for decades.
    "How do you get drunk on death row?" - Werner Herzog

    "When we get fruit, we get the juice and water. I ferment for a week! It tastes like chalk, it's nasty" - Blaine Keith Milam #999558 Texas Death Row

  6. #66
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    Wyoming DA seeks death penalty in Montana woman's killing

    CASPER, Wyo. — A Wyoming prosecutor plans to seek the death penalty for the rape and killing of a Montana woman more than 30 years ago.

    KTWO-AM reported Tuesday that Natrona County District Attorney Dan Itzen will seek capital punishment for 74-year-old Dale Wayne Eaton.

    Eaton was convicted in 2004 for the 1988 killing of 18-year-old Lisa Marie Kimmell of Billings, Montana.

    Kimmell disappeared while driving across Wyoming and her body was found in the North Platte River.

    Eaton was connected to the case through DNA evidence and spent a decade on death row before a federal judge overturned his death sentence in 2014.

    A federal appeals court ruled in July that Eaton can still be subject to the death penalty.

    Eaton's attorney did not immediately respond to a request for comment Wednesday.

    https://www.tri-cityherald.com/news/...234241902.html
    Last edited by Moh; 08-22-2019 at 04:15 AM. Reason: Added link

  7. #67
    Senior Member CnCP Legend Mike's Avatar
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    They are actually seeking it!! WHAT A JOKE!

    Honk! Honk!
    "There is a point in the history of a society when it becomes so pathologically soft and tender that among other things it sides even with those who harm it, criminals, and does this quite seriously and honestly. Punishing somehow seems unfair to it, and it is certain that imagining ‘punishment’ and ‘being supposed to punish’ hurts it, arouses fear in it." Friedrich Nietzsche

  8. #68
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    Wyoming death penalty case appealed to US Supreme Court

    CASPER, Wyo. (AP) — The only man currently facing possible execution in Wyoming has appealed to the U.S. Supreme Court.

    Seventy-five-year-old Dale Wayne Eaton argues lower courts didn’t property determine his mental competency.

    Jurors in 2004 found Eaton guilty of charges including premeditated first-degree murder in the kidnapping, rape and slaying of 18-year-old Lisa Marie Kimmell in central Wyoming in 1988.

    The jury found that Eaton should be put to death. A federal judge stayed Eaton’s execution in 2014 but an appeals court ruled in 2019 that prosecutors could again pursue death for Eaton, the Casper Star-Tribune reports.

    Kimmell disappeared while driving from Denver to visit her parents in Billings, Montana. Investigators determined Eaton kidnapped Kimmell for several days before clubbing and stabbing her and pushing her into the North Platte River.

    Kimmell’s body was found in the North Platte River near Casper soon after her disappearance.

    The case went unsolved until Eaton went to prison for assault in another case in the 1990s. Investigators linked Eaton’s DNA to Kimmell’s body and unearthed Kimmell’s car on Eaton’s property in 2002.

    The last person put to death in Wyoming, Mark Hopkinson, was executed in 1992.

    https://apnews.com/e5751b5d5b04c817f2c0dbfa07ea47ff

  9. #69
    Moderator Ryan's Avatar
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    Wyoming asks US Supreme Court to deny death row appeal

    CASPER, Wyo. — Wyoming's attorney general has asked the U.S. Supreme Court to deny a death row inmate’s request for appeal, arguing he did not preserve his ability to appeal the case.

    The Casper Star-Tribune reported 75-year-old Dale Wayne Eaton requested in February that the country’s highest court take his case, arguing his trial attorney failed to properly investigate his competence to stand trial.

    Prosecutors indicated last year they intend to have Eaton put to death following his conviction for the 1988 kidnapping, rape and murder of a teen who disappeared while driving from Colorado to Montana.

    The proceeding remains on hold while Eaton seeks the U.S. Supreme Court review.

    https://k2radio.com/wyoming-asks-us-...th-row-appeal/
    "How do you get drunk on death row?" - Werner Herzog

    "When we get fruit, we get the juice and water. I ferment for a week! It tastes like chalk, it's nasty" - Blaine Keith Milam #999558 Texas Death Row

  10. #70
    Moderator Bobsicles's Avatar
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    Distributed for conference May 15, 2020.

    https://www.supremecourt.gov/search....c/19-7810.html
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