Attorneys representing a man who was sentenced to death for raping and killing a woman in 1988 said they may attempt to appeal that punishment to the U.S. Supreme Court.

For now, though, it's up to a U.S. appeals court to decide whether Dale Wayne Eaton will get another hearing. The U.S. 10th Circuit Court ruled in July that Eaton could be subject to the death penalty, but Eaton's attorneys filed a motion for a rehearing last week.

In August, Natrona County District Attorney Dan Itzen filed notice that he will seek the death penalty in the case.

The appeals process in the 10th Circuit should take a month or two, Sean O'Brien, one of Eaton's attorneys, said during a status conference in Natrona County District Court Tuesday.

O'Brien said taking the case all the way to the U.S. Supreme Court is in the realm of possibility.

Eaton was convicted in 2004 in the 1988 rape and murder of 18-year-old Lisa Marie Kimmell in Natrona County.

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