Gregory Michael Hawes v. Seth Norris, Warden
DueProcess HabeasCorpus JusticiabilityDoctri
Whether the Supreme Court should resolve a circuit split regarding mandatory minimum imprisonment terms and the unconstitutional reallocation of burden of proof in criminal proceedings
Whether this Court should resolve a 9'8 split amongst State Courts of Last Resort, when rulings, influenced by this Courts decisions, unconstitutionally provides for mandatory minimum terms of imprisonment, by reallocating the burden of proof, requiring defendants to disprove aggravating factors by a evidence, rather than the governments traditional mandate of proof denying defendant's rights to trial by jury and due process. Whether Wyo. Stat. Ann. § 6-2-201 is unconstitutional on due process grounds —as applied —because the inconsistent statutory interpretations and contradictory applications are so standardless that fails to provide uniform standards to govern prosecutors, juries, and judges. Whether this Court's decision in Patterson v. New York , 432 U.S. 197 (1977), should be clarified, limited or overruled. V RELATED CASES > Hawes v. State, 335 P.3d 1073, 2014 Wyo. LEXIS 144, Wyoming Supreme Court (Direct Appeal). Judgment entered October 14, 2014. > Hawes v. Pacheco, No. 14'9580, Supreme Court of the United States. Judgment entered June 15, 2015. > Hawes v. State, Sixth Judicial District Court, Criminal Case No. 6327. Judgment entered January 25, 2017. > Hawes v. State, No. S-17'0038, Wyoming Supreme Court. Judgment entered February 22, 2017. > Hawes v. Pacheco , No. 17-CV-52-ABJ, U.S. District Court for the District of Wyoming. Judgment entered January 25, 2018. > Hawes v. Pacheco , No. 18'8013, U.S. Court of Appeals for the Tenth Circuit. Judgment entered September 19, 2018. > Hawes v. Wilson, No. CV-2018'60'DC, Eighth Judicial District Court. Judgment entered April 10, 2019. > Hawes v. Pacheco , No. 17-CV-52-ABJ, U.S. District Court for the District of Wyoming. Judgment entered July 16, 2019. > Hawes v. Pacheco, No. 19'8047, U.S. Court of Appeals for the Tenth Circuit. Judgment entered August 10, 2021. > Hawes v. Pacheco, No. 21'7414, Supreme Court of the United States. Judgment entered April 18, 2022 > Hawes v. Norris , No. S'25'0057, Wyoming Supreme Court. Judgment entered March 25, 2025. ii