Toby is a proud graduate of the University of Montana School of Law (2015). During law school, he worked with the Montana Innocence Project (MTIP) helping to free innocent Montanans who were wrongfully convicted of serious crimes, including homicides, kidnappings, robberies, and other offenses.
After graduating, Toby served as a judicial law clerk for the Honorable Russell Fagg in Billings. During his clerkship, Toby helped draft judicial orders and legal opinions in both criminal and civil matters. Additionally, Toby watch several trials (both criminal and civil), learning from some of Yellowstone Counties’ top trial attorneys.
After completing his clerkship, Toby returned to MTIP as a full-time licensed attorney. During his time with MTIP, Toby helped overturn wrongful convictions in six cases and helped secure exonerations for those clients. He also learned about the causes of wrongful convictions and how to prevent them. Because of his knowledge and experience with DNA, false confessions, government misconduct, junk science, witness misidentification, and other causes of wrongful convictions, Toby co-taught a course on wrongful convictions at the University of Montana College of Sociology. Toby has also been recognized for his work with MTIP by various organizations, including the Montana Association of Criminal Defense attorneys.
After years of working in post-conviction relief, Toby accepted a position with the Montana Office of the Public Defenders. As a public defender, Toby worked to protect his clients’ rights and secure favorable outcomes in both misdemeanors and felony cases.
In criminal cases, Toby has experience in trials, appeals, post-conviction relief, and habeas corpus at both the state and federal level. He also has experience in estate planning, business planning, and real estate transactions.
In his free time, Toby enjoys spending time in Montana’s great outdoors. On weekends, Toby can often be found fishing, hiking, rock climbing, and/or camping in Big Sky country.
- Montana State Court
- Federal District Court
- Ninth Circuit Court of Appeals
- Lawyer of the Year Award; Montana Association of Criminal Defense Lawyers
- Emmet C. Angland Pro Bono Service Award
- Paul Raftery Memorial Award
- Montana Law Student Pro Bono Service Award
- Montana Innocence Project Freedom Fighter Award
Billings Gazette, Helena Air, Missoulian, Casper Star Tribune, Montana Association of Criminal Defense Lawyers, Montana Innocence Project