2009 WY 145, 222 P.3d 134, DALE WAYNE EATON V. THE STATE OF WYOMING
Case Date: 11/24/2009
Docket No: S-08-0235
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DALE WAYNE EATON V. THE STATE OF WYOMING Cite as: 2009 WY 145, 222 P.3d 134 October Term, A.D. 2009
DALE
WAYNE EATON,
Order Lifting Stay of Execution
And
Order Closing Case
[1] This matter came before the Court upon Petitioners Status Report, which was e-filed herein November 16, 2009, pursuant to the terms of this Courts 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. Eatons counsel informs this Court that the state district court denied Mr. Eatons petition for post-conviction relief. In this Courts docket S-09-0220, Mr. Eaton filed a petition seeking review of the district courts denial of post-conviction relief. Today, this Court denied that petition and remanded the matter to the district court for issuance of a new warrant of execution. Given this Courts disposition of the petition Mr. Eaton filed in S-09-0220, this Court finds that it is no longer appropriate for this Court to continue the stay of execution of Mr. Eatons sentence. Instead, this Court finds that any request for a stay should first be directed to the district court, or to any tribunal that Mr. Eaton deems appropriate. It is, therefore,
[2] ORDERED that the stay of execution of sentence under this Courts order of November 14, 2008, be, and hereby is, lifted; and it is further
[3] ORDERED that the captioned case be, and hereby is, closed; and it is further
[4] ORDERED that this order be published in Pacific Reporter Third.
DATED this 24th day of November, 2009.
BY THE COURT:
/s/ Barton R. Voigt BARTON R. VOIGT Chief Justice
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