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

Mont. Code Ann. § 46-18-310 (2026)

Supreme Court's Determination As To Sentence

✓ current as of May 2026
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  1. MCA Contents
  2. TITLE 46
  3. CHAPTER 18
  4. Part 3
  5. 46-18-310 Supreme court's determination as to sentence

TITLE 46. CRIMINAL PROCEDURE

CHAPTER 18. SENTENCE AND JUDGMENT

Part 3. Death Penalty

Supreme Court's Determination As To Sentence

46-18-310. Supreme court's determination as to sentence. (1) The supreme court shall consider the punishment as well as any errors enumerated by way of appeal. With regard to the sentence, the court shall determine:

(a) whether the sentence of death was imposed under the influence of passion, prejudice, or any other arbitrary factor;

(b) whether the evidence supports the trier of fact's finding of the existence or nonexistence of the aggravating circumstances enumerated in 46-18-303 and the sentencing judge's finding of the existence or nonexistence of the mitigating circumstances enumerated in 46-18-304; and

(c) whether the sentence of death is excessive or disproportionate to the penalty imposed in other cases in which a sentencing hearing was held pursuant to 46-18-301, whether the sentence imposed was death or a sentence other than death, considering both the crime and the defendant. The court shall include in its decision a reference to those other cases it took into consideration.

(2) The supreme court shall uphold the sentencing court's findings of fact issued pursuant to 46-18-306 unless those findings are clearly erroneous. The supreme court may not substitute its judgment for that of the sentencing court in:

(a) assessing the credibility of witnesses;

(b) drawing inferences from testimonial, physical, documentary, or other evidence; or

(c) resolving conflicts in the evidence presented at the sentencing hearing or considered by the sentencing court.

History: En. 95-2206.15 by Sec. 10, Ch. 338, L. 1977; R.C.M. 1947, 95-2206.15; amd. Sec. 1, Ch. 302, L. 1997; amd. Sec. 4, Ch. 154, L. 2003.

Notes of Decisions
Cited in 31 cases, 1979–2020 · leading case: State v. Coleman, 605 P.2d 1000 (Mont. 1979).
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State v. Coleman, 605 P.2d 1000 (Mont. 1979). · cites it 36× “1947, now section 46-18-310 MCA to consider whether the sentence was imposed as a result of passion, prejudice or other arbitrary factors; whether evidence supports the sentencing court's findings regarding aggravating and mitigating circumstances; and whether the sentence is…”
State v. Smith, 931 P.2d 1272 (Mont. 1996). · cites it 48× “With regard to the sentence, the court shall determine: (1) whether the sentence of death was imposed under the influence of passion, prejudice, or any other arbitrary factor; (2) whether the evidence supports the judge's finding of the existence or nonexistence of the…”
State v. Sattler, 1998 MT 57 (Mont. 1998). · cites it 37× “¶99 With the proper scope of our proportionality review in mind, therefore, we must examine the file:///C|/Documents%20and%20Settings/cu1046/Desktop/opinions/96-285%20&%2096-305%20Opinion.”
State v. Lester Kills on Top, 787 P.2d 336 (Mont. 1990). · cites it 28× “Whether imposition of the death penalty is constitutional under the mandatory review criteria of § 46-18-310, MCA. 7. Whether the sentencing court committed prejudicial error in its consideration of victim impact statements.”
Coleman v. State, 633 P.2d 624 (Mont. 1981). · cites it 20× “2d 831 , wherein he writes: "Because the review conducted by this Court [pursuant to the automatic review provisions of section 46-18-307 through section 46-18-310, MCA] statutorily stands in place of any recourse to the Sentence Review Division, the completion of this review…”
State v. Keith, 754 P.2d 474 (Mont. 1988). · cites it 24× “On July 14, 1987, this Court ordered that review be limited to only those issues which are mandatory and contained in Section 46-18-310, MCA: “Supreme court’s determination as to the sentence.”
State v. Langford, 813 P.2d 936 (Mont. 1991). · cites it 16× “Do Montana’s death penalty statutes violate Montana Constitution, Article II, Section 28? Additionally, § 46-18-310, MCA, mandates that this Court review the following issues in death penalty cases: “The supreme court shall consider the punishment as well as any errors…”
State v. Gollehon, 864 P.2d 249 (Mont. 1993). · cites it 13× “Section 46-18-310, MCA. The District Court stated in finding #14 that it had considered and given effect to all Gollehon's mitigating evidence of childhood abuse.”
State v. Johnson, 1998 MT 289 (Mont. 1998). · cites it 16× “Whether the sentence of death was imposed under the influence of passion, prejudice or any other arbitrary factors.”
State v. Dawson, 761 P.2d 352 (Mont. 1988). · cites it 12× “Review of the sentence under Section 46-18-310, MCA. The four members of the Rodstein family were staying at the Airport Metra Inn in Billings, Montana, preceding a family move from Billings to Atlanta, Georgia.”
State v. Smith, 705 P.2d 1087 (Mont. 1985). · cites it 12× “In Montana, the District Court is required by section 46-18-305, MCA, to consider and compare aggravating and mitigating circumstances and can impose the death penalty only if there exists at lease one aggravating circumstance and no mitigating circumstances of sufficient…”
State v. Fitzpatrick, 606 P.2d 1343 (Mont. 1980). · cites it 8× “1947, now section 46-18-310 MCA sets forth the determinations we must make: “Supreme court to make determination as to the sentence.”
Show all 31 citing cases →
Mont. Code Ann. § 46-18-310(1): 7 cases
Coleman v. State, 633 P.2d 624 (Mont. 1981). “2d 831 , wherein he writes: "Because the review conducted by this Court [pursuant to the automatic review provisions of section 46-18-307 through section 46-18-310, MCA] statutorily stands in place of any recourse to the Sentence Review Division, the completion of this review…”
State v. Smith, 931 P.2d 1272 (Mont. 1996). “With regard to the sentence, the court shall determine: (1) whether the sentence of death was imposed under the influence of passion, prejudice, or any other arbitrary factor; (2) whether the evidence supports the judge's finding of the existence or nonexistence of the…”
State v. Langford, 813 P.2d 936 (Mont. 1991). “Do Montana’s death penalty statutes violate Montana Constitution, Article II, Section 28? Additionally, § 46-18-310, MCA, mandates that this Court review the following issues in death penalty cases: “The supreme court shall consider the punishment as well as any errors…”
State v. Sattler, 1998 MT 57 (Mont. 1998). “¶99 With the proper scope of our proportionality review in mind, therefore, we must examine the file:///C|/Documents%20and%20Settings/cu1046/Desktop/opinions/96-285%20&%2096-305%20Opinion.”
State v. Smith, 705 P.2d 1087 (Mont. 1985). “In Montana, the District Court is required by section 46-18-305, MCA, to consider and compare aggravating and mitigating circumstances and can impose the death penalty only if there exists at lease one aggravating circumstance and no mitigating circumstances of sufficient…”
Mont. Code Ann. § 46-18-310(1)(a): 2 cases
State v. Johnson, 1998 MT 289 (Mont. 1998). “Whether the sentence of death was imposed under the influence of passion, prejudice or any other arbitrary factors.”
State v. Johnson, 1998 MT 289 (Mont. 1998).
Mont. Code Ann. § 46-18-310(1)(b): 2 cases
State v. Johnson, 1998 MT 289 (Mont. 1998). “Whether the sentence of death was imposed under the influence of passion, prejudice or any other arbitrary factors.”
State v. Johnson, 1998 MT 289 (Mont. 1998).
Mont. Code Ann. § 46-18-310(2): 7 cases
State v. Smith, 931 P.2d 1272 (Mont. 1996). “With regard to the sentence, the court shall determine: (1) whether the sentence of death was imposed under the influence of passion, prejudice, or any other arbitrary factor; (2) whether the evidence supports the judge's finding of the existence or nonexistence of the…”
State v. Sattler, 1998 MT 57 (Mont. 1998). “¶99 With the proper scope of our proportionality review in mind, therefore, we must examine the file:///C|/Documents%20and%20Settings/cu1046/Desktop/opinions/96-285%20&%2096-305%20Opinion.”
State v. Langford, 813 P.2d 936 (Mont. 1991). “Do Montana’s death penalty statutes violate Montana Constitution, Article II, Section 28? Additionally, § 46-18-310, MCA, mandates that this Court review the following issues in death penalty cases: “The supreme court shall consider the punishment as well as any errors…”
State v. Fitzpatrick, 606 P.2d 1343 (Mont. 1980). “1947, now section 46-18-310 MCA sets forth the determinations we must make: “Supreme court to make determination as to the sentence.”
State v. Keith, 754 P.2d 474 (Mont. 1988). “On July 14, 1987, this Court ordered that review be limited to only those issues which are mandatory and contained in Section 46-18-310, MCA: “Supreme court’s determination as to the sentence.”
Mont. Code Ann. § 46-18-310(3): 14 cases
State v. Smith, 931 P.2d 1272 (Mont. 1996). “With regard to the sentence, the court shall determine: (1) whether the sentence of death was imposed under the influence of passion, prejudice, or any other arbitrary factor; (2) whether the evidence supports the judge's finding of the existence or nonexistence of the…”
State v. Sattler, 1998 MT 57 (Mont. 1998). “¶99 With the proper scope of our proportionality review in mind, therefore, we must examine the file:///C|/Documents%20and%20Settings/cu1046/Desktop/opinions/96-285%20&%2096-305%20Opinion.”
State v. Coleman, 605 P.2d 1000 (Mont. 1979). “1947, now section 46-18-310 MCA to consider whether the sentence was imposed as a result of passion, prejudice or other arbitrary factors; whether evidence supports the sentencing court's findings regarding aggravating and mitigating circumstances; and whether the sentence is…”
State v. Langford, 813 P.2d 936 (Mont. 1991). “Do Montana’s death penalty statutes violate Montana Constitution, Article II, Section 28? Additionally, § 46-18-310, MCA, mandates that this Court review the following issues in death penalty cases: “The supreme court shall consider the punishment as well as any errors…”
State v. Gollehon, 864 P.2d 249 (Mont. 1993). “Section 46-18-310, MCA. The District Court stated in finding #14 that it had considered and given effect to all Gollehon's mitigating evidence of childhood abuse.”
Mont. Code Ann. § 46-18-310(l)(a): 1 case
State v. Johnson, 1998 MT 289 (Mont. 1998). “Whether the sentence of death was imposed under the influence of passion, prejudice or any other arbitrary factors.”
Mont. Code Ann. § 46-18-310(l)(b): 1 case
State v. Johnson, 1998 MT 289 (Mont. 1998). “Whether the sentence of death was imposed under the influence of passion, prejudice or any other arbitrary factors.”
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