NewsCrime and Courts


Judge denies Hyslop's request for post-conviction relief

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Posted at 2:41 PM, Mar 27, 2024
and last updated 2024-03-27 17:53:22-04

GREAT FALLS — This week, a Great Falls judge ruled against David Hyslop's request for post-conviction relief.

He was convicted in 2012 for the 2011 beating death of October "Toby" Perez.

Toby was only two years old when she died after suffering from abuse from Hyslop, who at the time was her mother’s boyfriend.

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

Hyslop had filed for post-conviction relief and requested a new trial, arguing that his defense attorneys provided inadequate counsel.

In denying the request, Judge Elizabeth Best wrote:

Hyslop has not proved that he is entitled to relief. His claims are either procedurally barred in that they could have been raised on direct appeal, are mere conclusory allegations not supported by any facts or evidence or were the subject of competent representation by experienced trial counsel making tactical decisions in Hyslop’s best interests. IT IS HEREBY ORDERED that: David Hyslop’s Petition for Post-conviction Relief is DENIED.

Click here to read the complete court order.

Toby's death led to the creation of the Toby's House Crisis Nursery in Great Falls.

The crisis nursery provides safe short-term for children voluntarily brought there by a parent or legal guardian.

There are many reasons why people utilize a crisis nursery for temporary child care or respite, including:

  • There is not a safe place for a child to stay while resolving personal issues
  • Someone is not capable of taking care of their child as they would like
  • An important appointment but no one safe to leave a child with
  • When stress and life’s problems are becoming too much to tolerate and could result in taking it out on a child or when someone feels they are losing control
  • Medical emergencies where a care-giver needs immediate assistance with temporary childcare
  • Mental health, substance abuse crisis
  • Foster care parent respite

The services provided by Toby’s House Crisis Nursery are free and require no qualifications to use. To learn more, volunteer, or donate, click here to visit the website.