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 (from Petition)

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.

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

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