- Associated Press - Tuesday, June 23, 2015

CHEYENNE, Wyo. (AP) - A federal judge in Cheyenne will hold a hearing to consider whether the state of Wyoming may still pursue the death penalty against a man convicted of murdering a Montana woman.

U.S. District Judge Alan B. Johnson of Cheyenne will hear from lawyers representing inmate Dale Wayne Eaton and the Wyoming Attorney General’s Office next Tuesday.

Johnson in November overturned Eaton’s death sentence in the 1988 rape and killing of 18-year-old Lisa Marie Kimmell of Billings, Montana.

A federal appeals court in May noted the state hadn’t followed Johnson’s instructions to appoint lawyers for Eaton and file notice within 120 days if it intended to seek the death penalty against him again. The appeals court ordered Johnson to decide if the state could still seek the death penalty.

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