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:

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Terms Used In Montana Code 46-18-310

  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Court: means a place where justice is judicially administered and includes the judge of the court. See Montana Code 46-1-202
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Judge: means a person who is vested by law with the power to perform judicial functions. See Montana Code 46-1-202
  • Judgment: means an adjudication by a court that the defendant is guilty or not guilty, and if the adjudication is that the defendant is guilty, it includes the sentence pronounced by the court. See Montana Code 46-1-202
  • Sentence: means the judicial disposition of a criminal proceeding upon a plea of guilty or nolo contendere or upon a verdict or finding of guilty. See Montana Code 46-1-202
  • Uphold: The decision of an appellate court not to reverse a lower court decision.

(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.