Tipp & Buley, Montana Innocence Project overturn conviction, secure release for client
Tipp & Buley client Richard Raugust was freed from custody for the first time in over 18 years on Friday, December 4, after Judge Jim Wheelis overturned his conviction and life sentence for deliberate homicide in November.
Richard is represented by Tipp & Buley Shareholding Attorney Brett D. Schandelson, in cooperation with the Montana Innocence Project. Brett was asked by the Montana Innocence Project to represent Richard in 2013 on a pro bono basis, and has since volunteered over 400 hours to Richard's case.
After hundreds of pages of pleadings and a new evidence hearing in 2014, Judge Wheelis ruled on November 16, 2015 that Richard's rights under Brady v. Maryland, which requires the State to disclose favorable material to the defendant prior to trial, were violated. Judge Wheelis then overturned Richard's conviction and ordered a new trial be held.
At the bond hearing in this matter Brett requested Richard be released on his own recognizance, arguing that Richard is neither a flight risk nor a danger to the community. The State requested Richard post a bond in the amount of $75,000. Ultimately Judge Wheelis agreed that no bond was necessary in this case and ordered Richard released on his own recognizance.
For more information about Richard's case, please see the following news articles:
Judge Overturns Conviction Grants New Trial in Trout Creek Murder Case
Man Freed After Years in Prison For Trout Creek Killing