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Feist v. Gist

Court of Appeals of Texas, Ninth District, Beaumont

October 24, 2019

HERBERT FEIST, Appellant
v.
LARRY J. GIST, Appellee

          Submitted on June 24, 2019

          On Appeal from the 136th District Court Jefferson County, Texas Trial Cause No. D-201, 708-A

          Before McKeithen, C.J., Kreger and Johnson, JJ.

          MEMORANDUM OPINION

          LEANNE JOHNSON Justice

         Pro se 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:

[1] [The] Trial Court Wrongfully Dismissed Tort, Civil Rights Complaint, Requesting Declaratory and Injunctive Relief, and Never entered Default;
[2] [The] Trial Court Failed To Rule On Instruments In Order They Were Filed, Including Default[;]
[3] [The] Trial Court Wrongfully Dismissed On Baseless Claim, Void Order;
[4] [The] Trial Court Never Considered Parole Issues, No Deadly Weapon Finding, Street Time, or Mandatory Supervision;
[5] [The] House Arrest Violates the Law[.]

         We affirm.

         Background

         Prior Proceedings

         We 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 ...


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