# State v. Condon

> Washington Supreme Court · January 8, 2015 · 182 Wash. 2d 307

URL: https://www.frixlaw.com/law-library/cases/4715177

## Case

- **Full name:** The State of Washington v. Joel Cameron Condon
- **Court:** Washington Supreme Court
- **Decided:** January 8, 2015
- **Citations:** 182 Wash. 2d 307; 343 P.3d 357
- **Precedential status:** Published
- **Opinion:** Concurrence by Madsen
- **Judges:** Dwyer, Fairhurst, González, Johnson, Madsen, McCloud, Owens, Stephens, Wiggins
- **Cited by:** 138 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/4715177

## How later opinions describe it (automated extraction)

- stating the standard of review in lesser included defense cases

## Opinion text

Madsen, C.J.
¶47 (concurring in the dissent) — I agree with the majority that Joel Condon was entitled to a jury *327 instruction on second degree intentional murder as a lesser included offense to aggravated premeditated murder. However, considering that Condon bases his challenge to the failure to instruct on a lesser offense on lack of premeditation and the jury convicted Condon of premeditated murder and first degree burglary, as well as the fact that the jury followed the instructions, which included an admonishment not to consider felony murder unless it could not agree on aggravated premeditated murder, I am convinced that the error in failing to give the lesser included instruction was harmless in this case. Therefore, I concur with the dissent in its harmless error analysis and its result.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/4715177. Public record. Not legal advice.