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Subject: Summary of Findings on Case F1612037 – Research Overview

Dear [Recipient],

This letter provides a summary of the issues raised in State of Texas v. Babak Taherzadeh, Cause No. F1612037, based on the evidence, records, and supporting materials I have assembled. It highlights procedural defects, statutory misapplication, constitutional concerns, and irregularities in the handling of filings and judicial actions.

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Case Background

The case originated from a 2016 indictment under Texas Penal Code §42.07 (Harassment) for public online comments about Judge Brandon Birmingham. Although the initial judicial confession in February 2017 reflected that charge, subsequent proceedings treated the matter as §42.072 (Stalking)—a third-degree felony—without proper amendment, notice, or plea advisement. This reclassification led to revocation of deferred adjudication and imposition of a six-year sentence.

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Procedural Irregularities

• Improper Judicial Action: The 2017 deferred adjudication order was signed by Judge Gracie Lewis, not the trial judge of record, raising questions of validity and jurisdiction.

• Record Alterations and Omissions: Writ filings and docket entries show unexplained delays, missing orders, and alterations (e.g., habeas filings acknowledged by the State but absent from the court’s record).

• Revocation and Modifications: Conditions of probation were altered “per judge’s wishes” without hearing, violating statutory requirements.

• Motion to Vacate: A postmarked filing from September 2022 was held by the clerk until December 2022, nearly four months later, effectively obstructing timely review.

• Judicial Disqualification: Because the alleged victim was a sitting judge in the district, assignment to his court triggered automatic disqualification under the Texas Constitution. This defect is jurisdictional and cannot be waived.

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Conflicts of Interest

• Defense Counsel: Multiple attorneys assigned or retained had campaign or personal ties to the alleged victim, undermining the duty of loyalty under Texas professional rules.

• Judges: Several presiding and appellate judges involved in rulings had prior political or financial associations with the alleged victim, raising questions of impartiality and bias.

• Appointments: In at least one instance, an attorney was appointed by a judge who had recused, further undermining the validity of proceedings.

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Constitutional and Statutory Concerns

• First Amendment: The underlying speech consisted of public online posts, often made to a blocked audience. Such speech does not fall within the scope of §42.07 as it existed in 2016. Later legislative attempts (e.g., HB 3490 in 2019) to expand the statute to cover social media were vetoed for overbreadth, underscoring that the statute did not apply at the time.

• Due Process & Notice: Elevating the charge from harassment to stalking without amendment or advisement violated due process.

• Prior Restraint: The protective order imposed continuing restrictions on speech critical of an elected official, amounting to unconstitutional prior restraint.

• Double Jeopardy / Void Orders: Revocation and sentencing flowed from orders signed without authority, potentially void ab initio.

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Pattern of Misconduct

Taken together, the irregularities—altered records, obstructed filings, unauthorized judicial actions, conflicts of interest, and constitutional overreach—suggest a deliberate pattern of suppressing criticism of a public official. These actions discredited lawful challenges, obstructed relief, and perpetuated a conviction unsupported by statutory authority.

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Conclusion

The conviction in Cause No. F1612037 rests on a misapplied statute, jurisdictional defects, and systemic irregularities. These issues undermine the validity of the proceedings and support relief through vacatur or habeas review. The evidence also reflects broader concerns of judicial bias, record tampering, and denial of due process.

Respectfully submitted,

[Your Name]