Summary 2009 WY 145

Summary of Order issued November 24, 2009

Summaries are prepared by Law Librarians and are not official statements of the Wyoming Supreme Court.

Case Name: Eaton v. State

Citation: 2009 WY 145

Docket Number: S-08-0235

Order Lifting Stay of Execution and Order Closing Case

The matter came before the Court upon a “Petitioner’s Status Report” which was e-filed November 16, 2009, pursuant to the terms of the Court’s November 14, 2008 “Order Granting Petition for Writ of Review, Order Vacating Warrant of Execution, Order Setting Date of Execution and Order Staying Execution.” In the Status Report, Mr. Eaton’s counsel informed the Court that the state district court denied the petition for post-conviction relief. In the Court’s docket S-09-0220, Mr. Eaton filed a petition seeking review of the district court’s denial of post-conviction relief. Today, the Court denied that petition and remanded the matter to the district court for issuance of a new warrant of execution. Given the Court’s disposition of the petition Mr. Eaton filed in S-09-0220, the Court found it was no longer appropriate for the Court to continue the stay of execution of Mr. Eaton’s sentence. Instead the Court found that any request for a stay should first be directed to the district court, or any tribunal that Mr. Eaton deems appropriate.

The Court ordered the stay of execution of sentence under the Court’s order of November 14, 2008 was lifted and the captioned case was closed.

C.J. Voigt delivered the order for the court.