Capital punishment in Montana

Capital punishment is a legal penalty in the U.S. state of Montana. 
Of the states that currently retain the death penalty, Montana is the only one that has not handed down a death sentence in the 21st century. The last time the state sentenced a defendant to death was in 1996. The state has not carried out an execution in over a decade, with its last execution carried out in 2006, when David Thomas Dawson was executed for three murders. Montana has currently two condemned inmates, including Canadian Ronald Allen Smith for the kidnapping and murder of two aboriginal men.
Legal process.
Montana is the only state where the sentence is decided by the trial judge alone rather than by a jury or by a three-judge panel. But the jury is the trier of facts for both the murder and the aggravating factor making the defendant eligible for the death penalty.
The governor has the power of clemency with respect to death sentences.
Lethal injection is the only method of execution provided by statutes. Hanging was authorized until 1994.
Capital crimes.
Under Montana law, deliberate homicide is punishable by death when committed:
Montana statute books still provide the death penalty for various non-homicidal crimes against the person, including aggravated kidnapping, aggravated sexual intercourse without consent by a person with a prior record for aggravated sexual intercourse without consent which has resulted in serious bodily injury during the course of committing each offence, and attempted murder, aggravated assault, or aggravated kidnapping committed while in official detention and such person was previously convicted of murder or was found to be a persistent felony offender, and one of the convictions was for an offense against the person but the death penalty for these crimes is no longer constitutional since the 2008 U.S. Supreme Court case "Kennedy v. Louisiana".