A state judge has ordered former Wyoming death row inmate Dale Eaton to attend a court hearing in Casper next week, as prosecutors for the second time seek the death penalty against him.

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

Last fall, U.S. District Judge Alan B. Johnson of Cheyenne overturned Eaton's death sentence, ruling he did not get an adequate defense.

The Natrona County District Attorney's Office has filed notice that it's seeking the death penalty for Eaton again.

District Judge Daniel Forgey of Casper has ordered Eaton to attend a Sept. 23 hearing.

Meanwhile, Johnson is weighing whether the state has lost standing to seek the death penalty against Eaton again by waiting too long to appoint defense lawyers.