Montana Supreme Court

State v. J. Songer

August 12, 20252025 MT 176

Summary

The Court reversed Songer's convictions for attempted deliberate homicide and assault with a weapon because the State presented a witness's recorded deposition without demonstrating that the witness was unavailable for trial. It affirmed the denial of suppression and substitution of counsel, concluding that the initial stop was supported by particularized suspicion and that Songer did not establish good cause for new counsel. Because the sentencing court relied on the reversed convictions, the Court remanded for resentencing on the drug convictions and for new revocation sentencing.