CASPER, Wyo. — Wyoming's attorney general has asked the U.S. Supreme Court to deny a death row inmate’s request for appeal, arguing he did not preserve his ability to appeal the case.

The Casper Star-Tribune reported 75-year-old Dale Wayne Eaton requested in February that the country’s highest court take his case, arguing his trial attorney failed to properly investigate his competence to stand trial.

Prosecutors indicated last year they intend to have Eaton put to death following his conviction for the 1988 kidnapping, rape and murder of a teen who disappeared while driving from Colorado to Montana.

The proceeding remains on hold while Eaton seeks the U.S. Supreme Court review.

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