CHEYENNE, Wyo. (AP) — Casper District Attorney Mike Blonigen has filed notice he intends once again to seek the death penalty against a man who had been the only person on death row in Wyoming.

U.S. District Judge Alan B. Johnson in November overturned the death sentence for Dale Wayne Eaton.

Johnson gave the state a choice either to hold a new death penalty hearing or allow Eaton to serve life in prison without parole. Eaton's lawyers have asked Johnson to foreclose the death penalty option.

Eaton was convicted in 2004 of the 1988 murder of Lisa Marie Kimmell, 18, of Billings, Montana.

Eaton's lawyers don't dispute that he killed Kimmell. But Johnson ruled Eaton's original defense team didn't present evidence about his personal history that might have persuaded jurors to spare his life.

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