The Wyoming Supreme Court on Monday denied the appeal of Dale Wayne Eaton, Wyoming's lone death-row inmate, who was convicted of the 1988 kidnapping, rape and murder of a teenager.

In a unanimous ruling, the justices affirmed Eaton's 2004 conviction and death sentence, while rejecting his motion for a new trial.

Eaton's attorneys asserted, among other things, that his trial counsel offered ineffective assistance, that he was not competent for trial and that jury selection was unconstitutional. The justices, however, said they were satisfied that evidence in the case supported the jury's findings and that the death penalty was not imposed "under the influence of passion, prejudice or any other arbitrary factor."

At trial, Eaton's attorney, Wyatt Skaggs, admitted to jurors his client raped and killed Lisa Marie Kimmell, an 18-year-old woman who was driving from Denver to Billings, Mont., when she disappeared on March 25, 1988. Fishermen found her body in the North Platte River eight days later. She had been stabbed multiple times.

While conceding Eaton's guilt at trial, Skaggs asserted Kimmell's killing was not premeditated and that a second-degree murder conviction was more appropriate. That strategy, according to the justices, was designed with the intent of saving Eaton's life.

In his appeal, Eaton maintained the theory was unrealistic and really conceded guilt to first-degree murder - eliminating any real chance for success.

The justices disagreed, concluding the trial strategy did not constitute ineffective counsel.

"Our experience tells us that juries have minds of their own, and a theory such as that propounded by the defense team was as good as anything we can think of, given the circumstances of the case," the justices wrote, adding that Eaton's appellate attorney did not offer a more compelling theory that could have been offered to jurors.

During the trial, Eaton made multiple outbursts. In one incident, he cursed in front of the jurors after his defense decided not to cross-examine a witness. The justices found those outbursts, along with the fact that Eaton was generally an uncooperative client, did not suggest he wasn't competent for trial.

Prosecutors did not charge Eaton with Kimmell's murder until roughly 15 years after her body was found, when DNA linked him to the killing. Authorities later found Kimmell's car on property he owned near Moneta.

Reach crime reporter Joshua Wolfson at (307) 266-0582 or at josh.wolfson@trib.com.