The appeals court last week ordered lawyers for Eaton and the state to address whether the death penalty is still an issue in his case. Investigators had matched DNA recovered from Kimmell's body to Eaton years after the crime while he was serving prison time on an unrelated offense. The judge ruled Eaton's state public defenders hadn't presented the jury with information about Eaton's background and mental health issues for them to consider possible reasons to spare his life. Johnson, in his order, gave the state 120 days to schedule a new death penalty sentencing hearing for Eaton and to appoint a new team of qualified lawyers to represent him. [...] the state didn't appoint new attorneys to represent Eaton in state court, and the Wyoming Attorney General's Office didn't file notice with Johnson until this week that it intended to seek the death penalty against him Eaton.