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EATON v. PACHECO

Nos. 15-8013 & 16-8086.

931 F.3d 1009 (2019)

Dale W. EATON, Petitioner-Appellant, v. Mike PACHECO, Warden, Wyoming Department of Corrections State Penitentiary, Respondent-Appellee.

United States Court of Appeals, Tenth Circuit.

FILED July 23, 2019.

Attorney(s) appearing for the Case

Sean D. O'Brien , Kansas City, Missouri ( Lindsay J. Runnels , Kansas City, Missouri, and Terry J. Harris , Harris & Harris, P.C., Cheyenne, Wyoming, with him on the briefs), for Petitioner-Appellant.

Katherine A. Adams , Assistant Attorney General ( Peter K. Michael , Attorney General, Christyne M. Martens , Deputy Attorney General, and Benjamin E. Fisher , Assistant Attorney General, with her on the briefs), Cheyenne, Wyoming, for Respondent-Appellee.

Before HARTZ, MORITZ, and EID, Circuit Judges.

More than a decade after the crimes occurred, Dale Eaton was tried for and convicted of the kidnapping, sexual assault, robbery, and murder of Lisa Kimmell. A Wyoming jury sentenced him to death, and he later sought federal habeas relief from his convictions and death sentence. The federal district court agreed that Eaton...

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