Thompson v. Washington

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Thompson v. Washington
Seal of the United States Supreme Court.svg
Decided October 17, 1977
Full case nameThompson v. Washington
Citations 434 U.S. 898 ( more )
98 S. Ct. 290; 54 L. Ed. 2d 185; 1977 U.S. LEXIS 3607
Holding
Appeal from Sup. Ct. Wash. dismissed for want of substantial federal question.
Court membership
Chief Justice
Warren E. Burger
Associate Justices
William J. Brennan Jr.  · Potter Stewart
Byron White  · Thurgood Marshall
Harry Blackmun  · Lewis F. Powell Jr.
William Rehnquist  · John P. Stevens

Thompson v. Washington, 434 U.S. 898 (1977), was a case dismissed by the Supreme Court of the United States for lack of federal question jurisdiction. [1]

In United States law, a motion is a procedural device to bring a limited, contested issue before a court for decision. It is a request to the judge to make a decision about the case. Motions may be made at any point in administrative, criminal or civil proceedings, although that right is regulated by court rules which vary from place to place. The party requesting the motion may be called the movant, or may simply be the moving party. The party opposing the motion is the nonmovant or nonmoving party.

Supreme Court of the United States Highest court in the United States

The Supreme Court of the United States is the highest court in the federal judiciary of the United States. Established pursuant to Article III of the U.S. Constitution in 1789, it has original jurisdiction over a small range of cases, such as suits between two or more states, and those involving ambassadors. It also has ultimate appellate jurisdiction over all federal court and state court cases that involve a point of federal constitutional or statutory law. The Court has the power of judicial review, the ability to invalidate a statute for violating a provision of the Constitution or an executive act for being unlawful. However, it may act only within the context of a case in an area of law over which it has jurisdiction. The Court may decide cases having political overtones, but it has ruled that it does not have power to decide nonjusticiable political questions. Each year it agrees to hear about 100–150 of the more than 7,000 cases that it is asked to review.

Federal question jurisdiction

In United States law, federal question jurisdiction is the subject-matter jurisdiction of United States federal courts to hear a civil case because the plaintiff has alleged a violation of the United States Constitution, federal law, or a treaty to which the United States is a party.

Contents

Background

The case was on appeal from the Supreme Court of Washington, and it involved a second degree murder conviction based on the felony murder rule. [2]

The rule of felony murder is a legal doctrine in some common law jurisdictions that broadens the crime of murder: when an offender kills in the commission of a dangerous or enumerated crime, the offender, and also the offender's accomplices or co-conspirators, may be found guilty of murder.

Subsequent developments

Thompson v. Washington was cited in the later Washington case State v. Wanrow, 91 Wash.2d 301 (1978), as an endorsement of the constitutionality of the felony murder rule. [3]

Washington (state) State of the United States of America

Washington, officially the State of Washington, is a state in the Pacific Northwest region of the United States. Named for George Washington, the first president of the United States, the state was made out of the western part of the Washington Territory, which was ceded by Britain in 1846 in accordance with the Oregon Treaty in the settlement of the Oregon boundary dispute. It was admitted to the Union as the 42nd state in 1889. Olympia is the state capital; the state's largest city is Seattle. Washington is sometimes referred to as Washington State, to distinguish it from Washington, D.C., the capital of the United States, which is often shortened to Washington.

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References

  1. Thompson v. Washington, 434 U.S. 898(1977).
  2. State v. Thompson, 88 Wash.2d 13 (1977)
  3. Bonnie, R.J. et al. Criminal Law, Second Edition. Foundation Press, New York, NY: 2004, p. 875