State v. J. Songer

DA 23-0568 ·Direct Appeal ·Criminal ·Closed
Docket DA 23-0568
Type Direct Appeal — Homicide-Attempted
Classification Criminal
Outcome Affirmed in part, reversed in part
Lower court case ADC 22-476
Lower court judge Hon. Mike Menahan

Key dates

Closed Aug 28, 2025
Classified Jul 23, 2025
Appeal filed Sep 26, 2023
Record filed Dec 17, 2024
Briefing ended Feb 24, 2025
Opinion issued Aug 12, 2025
Briefing started Dec 17, 2024
Transcript filed Jul 30, 2024
Sent to the court Feb 24, 2025
Submitted for decision Feb 24, 2025
Appellant Reply Brief Filed Feb 24, 2025
Appellant Opening Brief Filed Sep 3, 2024
Appellee Response Brief Filed Jan 3, 2025

Calculated

from the docket dates
Appeal filed to briefing start 448
Briefing days 69
Briefing start to opening brief filed 105
Classified to Opinion 20
Close of briefing to sent to court 0
Filing date to Opinion 686
Filing date to closed 702
Opening to response 122
Opinion to closed 15
Response to reply 51
Sent to court to classified 149
Submitted for decision to Opinion 169

Tags

Affirmed in part, reversed in part Closed En Banc Five Justice Panel Published opinion

Parties

Appellee
State of Montana
Represented by Mardell Lynn Ployhar
Appellant
Jory Jerae Songer
Represented by Nicholas Kirby Brooke

Opinion

State v. J. Songer, 2025 MT 176

Affirmed in part, reversed in part on August 12, 2025, in a 4 to 0 with 3 concurring published opinion.

Events

most recent first
Record - DC Record Returned to District Court (Exhibits Only) Aug 28, 2025 10:07 AM Record
Event - Case Closed (electronic record, exhibits returned) Aug 28, 2025 9:47 AM Closing Notice
Notice - Outgoing - Opinion Release Notice Issued Aug 28, 2025 9:45 AM Notice - Outgoing
Notice - Outgoing - Remittitur Issued Aug 28, 2025 9:38 AM Closing Notice
Opinion - Published - Justice Rice - Affirmed in Part, Reversed in Part, and Remanded Aug 12, 2025 4:42 PM Opinion
Order - Classified - En Banc Jul 23, 2025 1:23 PM Classifying Notice
Order - Classified - Five Justice Panel Mar 19, 2025 10:27 AM Classifying Notice
Event - Case Sent to Court Feb 24, 2025 11:04 AM Classifying Notice
Notice - Outgoing - Brief Filed Feb 24, 2025 11:00 AM Notice - Outgoing
Brief - Appellant Reply Feb 24, 2025 9:16 AM Appellant Reply Brief
Order - Appellant is granted an extension of time to and including February 17, 2025, within which to prepare, file, and serve Appellant's reply brief. No further extensions will be granted Jan 16, 2025 5:41 PM Order - Extension
Motion - Unopposed - Motion for an Extension of Time to File REPLY Brief Jan 16, 2025 3:06 PM Motion
Notice - Outgoing - Brief Filed Jan 3, 2025 12:30 PM Notice - Outgoing
Brief - Appellee's Response Jan 3, 2025 11:39 AM Appellee Response Brief
Notice - Outgoing - District Court Record Filed Dec 17, 2024 8:44 AM Record
Record - Additional and Complete Electronic DC Documents Filed for Cause No. ADC 2018-0088 consisting of documents 1 thru 53 and the case register Dec 17, 2024 8:43 AM Record
Notice - Outgoing - District Court Record Filed Dec 17, 2024 8:29 AM Record
Record - Additional and Complete Electronic DC Documents Filed for Cause No. DC 2022-0464 consisting of Documents 1 thru 66 and the case register Dec 17, 2024 8:26 AM Record
Notice - Outgoing - District Court Record Filed Dec 17, 2024 8:21 AM Record
Record - Additional and Complete Electronic DC Documents Filed for Cause No. DC 2022-0476 consisting of documents 1 thru 101 and the case register Dec 17, 2024 8:18 AM Record
Notice - Outgoing - Exhibits Filed Dec 12, 2024 8:45 AM Notice - Outgoing
Record - Exhibits Filed for Cause No. ADC 2022-0464 consisting of 2-CDs of Body Cam footage Dec 12, 2024 8:44 AM Record
GRANT - Appellee is granted an extension of time to and including January 3, 2025, within which to prepare, serve, and file its response brief Nov 25, 2024 2:20 PM Other
Motion - Unopposed - Appellee's Motion and Affidavit for Second or Subsequent Extension Nov 25, 2024 1:27 PM Motion
Order - Appellee is granted an extension of time to and including December 4, 2024, within which to prepare, serve, and file its response brief Oct 25, 2024 2:41 PM Order - Extension
Motion - Unopposed - Appellee's Motion and Affidavit for Second or Subsequent Extension Oct 25, 2024 12:08 PM Motion
Grant - Appellee is granted an extension of time to and including November 4, 2024, within which to prepare, serve, and file its response brief Oct 4, 2024 9:28 AM Other
Motion - Unopposed - Appellee's Extension of Time - Brief (First Request 30 Days) Oct 3, 2024 9:28 AM Motion
Notice - Outgoing - Brief Filed Sep 3, 2024 12:41 PM Notice - Outgoing
Brief - Appellant's Opening Sep 3, 2024 8:00 AM Appellant Opening Brief
Grant - The Clerk of Court shall accept the filings listed in the Appellant's motion to supplement and make them part of the record on appeal Aug 14, 2024 12:30 PM Other
Motion - Appellant's Unopposed - Supplement the Record Aug 13, 2024 2:14 PM Motion
Notice - Outgoing - Transcript Filed Jul 30, 2024 9:54 AM Transcript
Record - Electronic Transcript Filed for Cause ADC 22-476 consisting of February 9, 2023 Motion to Suppress Hearing Jul 30, 2024 9:46 AM Record
Notice - Outgoing - Exhibits Filed Jul 22, 2024 10:38 AM Notice - Outgoing
Record - Electronic DC Record/Transcript Filed for Cause ADC 2022-476 consisting of Deposition of Patience Davis on April 12, 2023 Jul 22, 2024 10:35 AM Record
Order - IT IS HEREBY ORDERED that the deadline to file the opening brief in this matter is extended to August 2nd, 2024 Jul 22, 2024 8:00 AM Order - Other
Order - Consolidating Cases - IT IS HEREBY ORDERED that Cause Nos. DA 23-0566, DA 23-0567, DA-23-0568 are hereby CONSOLIDATED under DA 23-0568 Jul 22, 2024 8:00 AM Order - Other
Motion - Unopposed - Appellant's Extension of Time - Appellant's Brief Jul 19, 2024 3:38 PM Motion
Motion - Consolidate Jul 19, 2024 3:21 PM Motion
Order - Appellant shall prepare, file, and serve the opening brief on appeal no later than July 19, 2024. Failure to file the brief within that time will result in dismissal of this appeal with prejudice and without further notice Jun 19, 2024 9:17 AM Order - Other
Order - Appellant is granted an extension to June 8, 2024 to file the Appellants Opening Brief May 13, 2024 1:15 PM Order - Extension
Motion - Unopposed - Appellant's Extension of Time - Brief May 13, 2024 11:06 AM Motion
Order - Grant - Extension of Time - Appellant is granted an extension to May 8, 2024 to file the Appellants Opening Brief Apr 16, 2024 8:50 AM Order - Extension
Motion - Unopposed - Appellant's Motion and Affidavit for Second or Subsequent Extension Apr 15, 2024 11:59 AM Motion
Extension - Grant of Extension - Appellant is given an extension of time until April 8, 2024, to prepare, file, and serve the Appellant's opening brief Mar 11, 2024 3:12 PM Extension
Motion - Unopposed - Appellant's Extension of Time - Brief (First Request 30 Days) Mar 11, 2024 11:40 AM Motion
Notice - Outgoing - Transcript Filed Feb 6, 2024 2:20 PM Transcript
Record - Electronic Transcript Filed for Cause No. ADC 22-0476 consisting of 5-3-2023 and 5-4-2023 Feb 6, 2024 2:06 PM Record
Order - Grant - Extension of Time - IT IS HEREBY ORDERED that the transcript production deadline in this matter is extended to February 14, 2024 Jan 3, 2024 4:56 PM Order - Extension
Motion - Unopposed - Extension of Time - Prepare Transcript Jan 3, 2024 1:50 PM Motion
Notice - Incoming - Attorney Substitution/Withdrawal - Nick K. Brooke, STEPHENS BROOKE, P.C., hereby enters his appearance as counsel of record for Appellant Jory Jerae Songer Dec 19, 2023 2:55 PM Notice - Incoming
Notice - Outgoing - Exhibits Filed Nov 13, 2023 8:56 AM Notice - Outgoing
Record - DC Exhibits Filed for Cause No. ADC 2022-0476; 1-Large manilla envelope Nov 13, 2023 8:53 AM Record
Rulings - Other Courts - Order - Transcripts for ADC 22-0476 due 12-26-2023 Nov 6, 2023 9:55 AM Ruling
Notice - Outgoing - Transcript Filed - CORRECTING DISTRICT COURT CASE NUMBER Nov 6, 2023 9:45 AM Transcript
Notice - Outgoing - Transcript Filed Oct 31, 2023 10:59 AM Transcript
Record - Electronic Transcript Filed for Cause No. DC 2022-476 of 07/19/2023 hearing Oct 31, 2023 10:44 AM Record
Notice - Outgoing - Transcript Filed Oct 30, 2023 10:14 AM Transcript
Record - Transcript Filed for Cause No. ADC 22-476 of 03/15/2023, 05/01/2023 & 05/02/2023 hearings Oct 30, 2023 9:34 AM Record
Notice - Outgoing - Appeal Notice - Name corrected in system Oct 23, 2023 8:49 AM Notice - Outgoing
Notice - Outgoing - District Court Record Filed Oct 13, 2023 12:05 PM Record
Record - DC Record Filed for Cause ADC 2022-476 electronic records consisting of 1-98 and Case Register Oct 13, 2023 12:02 PM Record
Notice - Incoming - Transcripts Deemed Necessary Sep 26, 2023 1:30 PM Notice - Incoming
Notice - Outgoing - Appeal Notice Sep 26, 2023 11:26 AM Notice - Outgoing
Notice - Incoming - Notice of Appeal Filed Sep 26, 2023 10:32 AM Notice - Incoming