No. 25-5642

Tonnerrious Jamarcus McGee v. Texas

Lower Court: Texas
Docketed: 2025-09-16
Status: Denied
Type: IFP
IFP
Tags: due-process fourteenth-amendment government-code judicial-appointment misdemeanor-sentencing trial-judge
Key Terms:
DueProcess
Latest Conference: 2025-11-14
Question Presented (AI Summary)

Whether a visiting trial judge's improper appointment violates due process under the Fourteenth Amendment and conflicts with Texas Government Code provisions

Question Presented (OCR Extract)

1. Whether the Trial Court 122nd District Court (Galveston County) Texas use of a visiting trial judge who was not properly appointed nor noted on the clerk record and whose appointment was neither requested nor consented to by either party, violates a defendant's right to due process under the Fourteenth Amendment. And whether this issue is adversely going against the State of Texas Government Code, Tex. Gov ’t Code § 26.016 (West 2023) and Tex. Gov ’t Code § 26.024 (West 2023) 2. Whether a conviction and sentence based on factually inaccurate and materially false testimony —particularly related to the identification of the defendant —violates a defendant's Sixth and Fourteenth Amendment rights to a fair trial and due process. 3. Whether sentencing a defendant as a felony when the offense charged by indictment is classified under state law as a misdemeanor constitutes a violation of due process under the Fourteenth Amendment.

Docket Entries

2025-11-17
Petition DENIED.
2025-10-30
DISTRIBUTED for Conference of 11/14/2025.
2025-09-11
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 16, 2025)

Attorneys

Tonnerrious J. McGee
Tonnerrious Jamarcus McGee — Petitioner