No. 25-5144

Gregory Michael Hawes v. Seth Norris, Warden

Lower Court: Wyoming
Docketed: 2025-07-17
Status: Denied
Type: IFP
Response WaivedIFP
Tags: burden-of-proof circuit-split constitutional-rights criminal-procedure due-process mandatory-minimum
Latest Conference: 2025-09-29
Question Presented (from Petition)

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 preponderance-of-the-evidence, rather than the governments traditional mandate of proof beyond-a-reasonable-doubt, 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.

Question Presented (AI Summary)

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

Docket Entries

2025-10-06
Petition DENIED.
2025-08-07
DISTRIBUTED for Conference of 9/29/2025.
2025-07-31
Waiver of Seth Norris / Warden of right to respond submitted.
2025-07-31
Waiver of right of respondent Seth Norris / Warden to respond filed.
2025-06-09
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 18, 2025)

Attorneys

Gregory M. Hawes
Gregory M. Hawes — Petitioner
Seth Norris / Warden
Jenny Lynn CraigOffice of the Wyoming Attorney General, Respondent