State of Tennessee v. Javari Jackson-Allen

A Knox County grand jury charged the Defendant, Javari Jackson-Allen, via presentment
with two counts of first degree felony murder and one count each of especially aggravated
robbery, first degree premeditated murder, attempted first degree premeditated murder, and
employment of a firearm during the commission of a dangerous felony. At trial, the jury
convicted the Defendant of both counts of first degree felony murder as well as especially
aggravated robbery, the lesser included offense of criminally negligent homicide, and the
firearm charge but acquitted the Defendant of attempted first degree murder. Thereafter,
the trial court imposed an effective sentence of life imprisonment. On appeal, the
Defendant argues that the trial court erred in failing to instruct the jury that a felony murder
must be the “natural and probable consequence” of the target crime of fraud. After review,
we conclude that the Defendant waived all issues regarding the trial court’s failure to
instruct the jury on the “natural and probable consequences” portion of the criminal
responsibility instruction, and we decline to conduct plain error review. Therefore, we
affirm the judgments of the trial court.