Tonnerrious Jamarcus McGee v. Texas
DueProcess
Whether a visiting trial judge's improper appointment violates due process under the Fourteenth Amendment and conflicts with Texas Government Code provisions
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.