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Post-conviction relief hearing set for David Hyslop

Posted: 6:14 PM, Mar 26, 2019
Updated: 2019-03-26 20:14:50-04

A hearing has been set for a Great Falls man looking to get a new trial for the beating death of 2-year-old October Perez.

David Hyslop was convicted of deliberate homicide for Perez’s death in 2012.

He was sentenced to 100 years in Montana State Prison without the possibility of parole. 

In a hearing Tuesday morning, Hyslop’s lawyer Brian Smith argued there was insufficient counsel during the original trial.

According to court documents, Hyslop originally filed for post-conviction relief in January of 2015.

In a 2016 hearing, court documents state the matter was appealed and returned due to failure to appoint counsel.

Hyslop represented himself during the hearing, which was held in front of Judge Elizabeth Best.

Judge Best found that most of Hyslop’s arguments during the 2016 hearing were not supported and she dismissed the petition.

The post-conviction relief hearing has been set for November 6, 2019.