Court of Appeals of Texas, Ninth District, Beaumont
Submitted on June 24, 2019
Appeal from the 136th District Court Jefferson County, Texas
Trial Cause No. D-201, 708-A
McKeithen, C.J., Kreger and Johnson, JJ.
Appellant Herbert Feist appeals the trial court's order
dismissing with prejudice his claims against Appellee
Jefferson County District Court Judge Larry Gist.
See Tex. R. Civ. P. 91a. Feist enumerates five
complaints on appeal:
 [The] Trial Court Wrongfully Dismissed Tort, Civil Rights
Complaint, Requesting Declaratory and Injunctive Relief, and
Never entered Default;
 [The] Trial Court Failed To Rule On Instruments In Order
They Were Filed, Including Default[;]
 [The] Trial Court Wrongfully Dismissed On Baseless Claim,
 [The] Trial Court Never Considered Parole Issues, No
Deadly Weapon Finding, Street Time, or Mandatory Supervision;
 [The] House Arrest Violates the Law[.]
begin with some background information to put Feist's
current lawsuit in context. In 1981, Feist was convicted in
the 252nd Criminal District Court of Jefferson County, Texas,
on a charge of aggravated robbery. See Feist v. Tex.
Dep'tof Criminal Justice-Inst. Div., No.
1:93-CV-465, 1996 U.S. Dist. LEXIS 11411, at *1 (E.D. Tex.
July 18, 1996). He pleaded "true" to an enhancement
count based on a 1978 robbery charge, and he received a
forty-year sentence as a repeat offender. Id.;
see also Feist v. State, 631 S.W.2d 769 (Tex.
App.-Beaumont 1982, no pet.). The trial judge for the 1978
robbery charge was Judge Larry Gist. See Feist v.
Scott, 885 F.Supp. 927, 933-34 (E.D. Tex. 1995). The
parties do not dispute that Gist was also the presiding judge
in his 1981 prosecution. Feist appealed his conviction and
sentence on the 1981 charge to this ...