F1612037

  MOTION FOR REHEARING EN BANC TO THE HONORABLE JUSTICES OF THE FIFTH COURT OF APPEALS: Movant, Babak Taherzadeh, respectfully requests rehearing en banc of the panel’s denial of his petition for writ of mandamus rendered September 24, 2025, and in support would show as follows: I. INTRODUCTION This case involves foundational jurisdictional defects, including a constitutionally disqualified judge presiding ab initio and subsequent concealment of service. The panel denied mandamus relief on procedural grounds under Rule 52, but in doing so committed an abuse of discretion and sanctioned an ongoing denial of due process. II. THE RULE 52 DUE PROCESS TRAP 1. The panel’s denial rests on strict enforcement of Texas Rule of Appellate Procedure 52’s requirements for authenticating the record. 2. Movant has consistently argued that the entire record itself is corrupted by void acts, beginning with the initial assignment of the case to a judge constitutionally disqualified as ...

  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 ● Appeared at trial level. ● Authored opinion denying appeal of pre ‑ conviction habeas petition (05 ‑ 19-01366-CR) as post ‑ conviction. ● Made campaign contributions to Brandon Birmingham, the alleged victim and disqualified presiding judge. FORMER JUSTICE KEN MOLBERG ● Authored opinion denying appeal of conviction from (05 ‑ 20 ‑ 00587 ‑ CR). ● Made campaign contributions to Brandon Birmingham, the alleged victim. JUSTICES EMILY MISKEL, JESSICA LEWIS, CYNTHIA M. BARBARE ● Panel that denied Mandamus. ● By denying mandamus, perpetuates harm from void proceedings and is therefore a party to the case. 1 CASE SUMMARY This is a fundamental case. This case originates from the court of the alleged victim, Judge B...