Disqualification - filed Ready to Rock

 MOTION FOR DISQUALIFICATION

NOW COMES Babak Taherzadeh, Relator, and respectfully moves for disqualification, with oral

argument requested to address the voidnes of the proceedings, of the following judicial officers:

FORMER CHIEF JUSTICE ROBERT BURNS

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Appeared at trial level.

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Authored opinion denying appeal of pre‑conviction habeas petition (05‑19-01366-CR) as

post‑conviction.

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Made campaign contributions to Brandon Birmingham, the alleged victim and

disqualified presiding judge.

FORMER JUSTICE KEN MOLBERG

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Authored opinion denying appeal of conviction from (05‑20‑00587‑CR).

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Made campaign contributions to Brandon Birmingham, the alleged victim.

JUSTICES EMILY MISKEL, JESSICA LEWIS, CYNTHIA M. BARBARE

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Panel that denied Mandamus.

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By denying mandamus, perpetuates harm from void proceedings and is therefore a party

to the case.

1CASE SUMMARY

This is a fundamental case. This case originates from the court of the

alleged victim, Judge Brandon Birmingham. Judge Birmingham is

constitutionally prohibited from presiding in any case where he is the party

injured, making him disqualified from this matter. In 2016, as the local

presiding judge of the district, his court assigned felony cases to the 17

felony courts. The initial act of assigning Cause No. F1612037 to a

disqualified judge is, as a matter of law, a void act. The allegation of felony

stalking for tweets about Judge Birmingham is a fundamental question of

the First Amendment, not only involving free speech but also right to

address government as an elected official.

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June 22, 2016: Judge Birmingham recused without cause with a direction to forward

copy to Presiding Judge of First Judial Regional and lawyer for defendant REDACHTED

June 23, 2016: Senior Justice Kerry Fitzgerald was assigned to F1612037

June 24, 2016 completes transfer to CDC #3 but Judge Gracie Lewis appointed

counsel.

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August 2016: Judge Brandon Birmingham obtained temporary emergency protective

order from his own 292nd Court

October 18, 2016: Judge Brandon Birmingham controls permanent lifetime protective

orders from his own court, while relator was restrained and denied counsel or jury in civil

proceedings.

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February 9–10, 2017: Relator entered plea before Judge Fitzgerald, but order signed by

Judge Lewis, falsely attesting to the plea—creating a fraud on the court.

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May 8, 2020: Adjudication by Judge Richard Beacom, allegedly without proper

assignment; resulted in a 6-year TDCJ sentence.

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Post‑2020: Relator filed timely Motions to Vacate and pre‑conviction habeas petitions,

repeatedly misnumbered, delayed, or mishandled.

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September 2025: Mandamus denied by panel; Chief Justice Koch recused, and prior

opinion withdrawn, demonstrating recognition of potential judicial conflicts.

2AUTHORITIES / LEGAL GROUNDS

“No judge shall sit in any case in which he may be interested, or in which he may be the party

injured.

”

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Tex. Const. Art. V §11

“A judge is required to recuse himself or herself in any proceeding in which the judge has a

personal bias or prejudice concerning a party or has served as counsel in the matter in

controversy.

”

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Tex. Gov’t Code §74.053(d)

“If a defendant enters a plea of guilty or nolo contendere and the judge enters an order placing

the defendant on deferred adjudication community supervision, the judge may defer further

proceedings without entering an adjudication of guilt.

”

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Tex. Code Crim. Proc. Art. 42.12 §5(b)

“A judge must recuse herself or himself in any proceeding in which the judge’s impartiality might

reasonably be questioned.

”

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Tex. R. App. P. 16.1(a)(1)

“A court that acts without jurisdiction, or a judge acting while disqualified, exercises no judicial

power and its acts are void from inception.

”

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Ex parte Vivier, 900 S.W.2d 436 (Tex. Crim. App. 1995); In re Reece, 341 S.W.3d 360

(Tex. App.

—Houston [14th Dist.] 2011)

“Mandamus will lie to compel the performance of a purely ministerial act, and the denial of such

relief perpetuates harm caused by prior illegal or void acts.

”

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Tex. R. App. P. 52; Ex parte Johnson, 609 S.W.2d 776 (Tex. Crim. App. 1980)

3“A judgment can be set aside for fraud which prevents a party from having a full and fair

opportunity to present his defense.

”

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Brown v. Pitman, 742 S.W.2d 650 (Tex. App.

—Houston [14th Dist.] 1987)

“Justice must not only be done, it must also be seen to be done.

”

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In re Murchison, 349 U.S. 133 (1955)

“Certain errors so undermine the framework within which the trial proceeds that they are

structural in nature and affect the entire conduct of the trial from beginning to end.

”

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Arizona v. Fulminante, 499 U.S. 279, 310 (1991); Johnson v. State, 967 S.W.2d 410

(Tex. Crim. App. 1998)

GROUNDS FOR DISQUALIFICATION

1. Chief Justice Burns

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Appeared at trial, denied pre-conviction habeas relief, and contributed to the

alleged victim, demonstrating actual and apparent bias.

2. Justice Molberg

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Denied trial court conviction appeal and contributed to the alleged victim, creating

a conflict of interest.

3. Panel of Justices Miskel, Lewis, Barbare

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By denying mandamus, perpetuates harm from void proceedings and functions

as a party to the case, sustaining the ongoing legal harm.

4. Void Ab Initio and Fraud on Court

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Initial assignment to Judge Birmingham and order by Judge Lewis framed

post-recusal render proceedings void from inception.

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Alleged clerical misconduct, unauthorized adjudications, and repeated

obstruction demonstrate structural denial of due process, compounded by

cumulative judicial and clerical misconduct.

4ARGUMENTS

1. The Fundamental Flaw of Assignment

The procedural recusal of the case by the alleged victim’s court does not

satisfy the law, where certain errors are so fundamental that they destroy

fair process. The initial act of assigning the case to a disqualified judge is a

foundational flaw. This is substantiated by the following:

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The bond set with extreme stipulations was improper;

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Denial of an attorney during the critical three-day transfer period;

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Case was assigned to Birmingham’s mentor court;

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No record exists for Judge Fitzgerald’s recusal or Beacom’s

assignment;

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Control and conviction with complete disregard for fair due process.

2: Fraud on the Court

Deferred adjudication requires a judge to take a plea on record. The

February 9, 2017 order signed by Judge Gracie Lewis is a fabrication —

Movant never appeared before her. She lacked authority even to sign such

an order.

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Adjudication and conviction are based on a void order;

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Judge Lewis, already recused, appointed appellate counsel who were

contributors to Birmingham — compounding conflict and voiding

appeal.

53: Cascading Influence and Lack of Jurisdiction

There is no “race to finality” when jurisdiction never existed. A fraudulent

case cannot ripen into legitimacy. Texas cannot enforce proceedings where

the judge is the alleged victim. Yet Birmingham’s influence poisoned every

step thereafter. Courts that continued the case without jurisdiction became

complicit, extending liability

4. There is nothing Movant could have said or done — including physically

to the alleged victim, Judge Brandon Birmingham — that warrants this

unlawful process. Movant went to prison for tweets. The law in 2016 did not

criminalize tweets.

5. This was never justice. It was silencing.

6. Judge Birmingham placed himself above the law, weaponizing his court

to protect his ego as an elected official. That is not judicial conduct — it is

tyranny.

7. Judge Birmingham’s conduct is absolute disregard for the Constitution.

He acted where he was forbidden to act. Every order flowing from his

original unconstitutional involvement is void. This is not “error.

” This is fraud

on the court, fraud on the system, and contempt for the rule of law itself.

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ORAL

The recusal of Chief Justice Koch and subsequent withdrawal of his opinion validates

the seriousness of judicial conflicts.

The 2017 deferred adjudication order, now framed as a post-recusal void act, constitutes

extrinsic fraud.

Patterns of misconduct collectively show a system so compromised that a fair trial was

impossible.

6PRAYER FOR RELIEF

WHEREFORE, Babak Taherzadeh respectfully requests this Court to:

1. Disqualify the following and vacate orders and opinions stemming from F1612037 from:

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Former Chief Justice Robert Burns

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Former Justice Ken Molberg

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Panel that denied Mandamus: Justices Miskel, Lewis, Barbare

2. Vacate all prior opinions and orders issued in this matter that stem from void or conflicted

judicial acts, including but not limited to:

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September 9, 2025 opinion and order denying mandamus by Chief Justice Koch.

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September 24, 2025 opinion and order by the panel of Justices Miskel, Lewis,

and Barbare.

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Any other opinions, orders, or rulings predicated on assignments to disqualified

judges or post-recusal actions.

3. Reassign the mandamus petition and any associated proceedings to impartial justices.

4. Direct the trial court to determine the relator’s underlying motions, including Motion to

Vacate and pre-conviction habeas petitions, without regard to prior defective

proceedings.

5. Schedule oral argument on this motion to address voidness and structural due process

violations.

6. Grant any further relief the Court deems just and proper.

7Respectfully Submitted,

/s/

Babak Taherzadeh