Mont. Code Ann. » TITLE 46. CRIMINAL PROCEDURE · CHAPTER 18. SENTENCE AND JUDGMENT · Part 3. Death Penalty
Montana Code Annotated

Mont. Code Ann. § 46-18-308 (2026)

Time For Review -- Consolidation With Appeal

✓ current as of May 2026
Find cases: SyfertCases citing this section MT-LEGleg.mt.gov JustiaTitle on Justia CornellLII Search CasesGoogle Scholar
  1. MCA Contents
  2. TITLE 46
  3. CHAPTER 18
  4. Part 3
  5. 46-18-308 Time for review -- consolidation with appeal

TITLE 46. CRIMINAL PROCEDURE

CHAPTER 18. SENTENCE AND JUDGMENT

Part 3. Death Penalty

Time For Review -- Consolidation With Appeal

46-18-308. Time for review -- consolidation with appeal. The judgment of conviction and sentence of death are subject to automatic review by the supreme court of Montana within 60 days after certification by the sentencing court of the entire record unless the time is extended by the supreme court for good cause shown. The review by the supreme court has priority over all other cases and shall be heard in accordance with rules promulgated by the supreme court. The sentence review shall be in addition to direct appeal, if taken, and the review and appeal shall be consolidated for consideration.

History: En. 95-2206.13 by Sec. 8, Ch. 338, L. 1977; R.C.M. 1947, 95-2206.13.

Notes of Decisions
Cited in 7 cases, 1979–1998 · leading case: State v. Coleman, 605 P.2d 1000 (Mont. 1979).
Sort: Relevance Newest Treatment
State v. Coleman, 605 P.2d 1000 (Mont. 1979). · cites it 6× “" Coleman makes two arguments respecting our review, (1) that we have not reviewed the "entire record" under section 46-18-308, MCA, because we have not reviewed, Coleman contends, the issues raised on his first appeal and (2) that we have not reviewed all the appropriate…”
Coleman v. State, 633 P.2d 624 (Mont. 1981). · cites it 5× “" To facilitate this review, section 46-18-308, MCA, states in part that the automatic review mandated by statute ".”
State v. Sattler, 1998 MT 57 (Mont. 1998). · cites it 4× “Sattler raises both trial-related and death penalty-related issues and, pursuant to § 46-18-308, MCA, his appeal is consolidated with this Court's automatic review of a death penalty case.”
State v. Johnson, 1998 MT 289 (Mont. 1998). · cites it 4× “Johnson appeals his conviction and, pursuant to § 46-18-308, MCA, his appeal is consolidated with this Court's automatic review of his death sentence.”
Fitzpatrick v. State, 638 P.2d 1002 (Mont. 1981). · cites it 2× “(5) This Court Has Failed to Obey a Statutory Directive Requiring Us to Promulgate Rules for Proportional Review of Death Sentences and to Conduct Review According to Those Rules. Before proceeding to Fitzpatrick’s contentions regarding our failure to properly review his…”
State v. Johnson, 1998 MT 289 (Mont. 1998). · cites it 2× “Johnson appeals his conviction and, pursuant to § 46-18-308, MCA, his appeal is consolidated with this Court's automatic review of his death sentence.”
State v. Sattler, 1998 MT 57 (Mont. 1998). · cites it 2× “Sattler raises both trial-related and death penalty-related issues and, pursuant to § 46-18-308, MCA, his appeal is consolidated with this Court's automatic review of a death penalty case.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.