{"data":{"id":"us-mt/46-18-310","jurisdiction":"us-mt","citation":"46-18-310","heading":"Supreme court's determination as to sentence.","body":"(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:\n(a) whether the sentence of death was imposed under the influence of passion, prejudice, or any other arbitrary factor;\n(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\n(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.\n(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:\n(a) assessing the credibility of witnesses;\n(b) drawing inferences from testimonial, physical, documentary, or other evidence; or\n(c) resolving conflicts in the evidence presented at the sentencing hearing or considered by the sentencing court.","path":["TITLE 46. CRIMINAL PROCEDURE","CHAPTER 18. SENTENCE AND JUDGMENT","Part 3. Death Penalty"],"source_url":"https://mca.legmt.gov/bills/mca/title_0460/chapter_0180/part_0030/section_0100/0460-0180-0030-0100.html","current_through":"Montana Code Annotated 2025","vintage":"","retrieved_at":"2026-09-14T04:55:52Z","sha256":"ebae1dfe9febfda39f0c4022a741d226452c3a6fd5817e1e0978b901cc86bfdb","source_id":"us-mt","stale":false,"prev":"us-mt/46-18-309","next":"us-mt/46-18-401"},"notice":"GroundRules: Original legal text. Not legal advice."}