Tuesday, January 29, 2019


The Mississippi Court of Appeals overturned Ben Allen's conviction.  The Court stated:

¶3. After reviewing the record, we find that the evidence introduced at trial was insufficient to support  Allen’s conviction for embezzlement. Therefore, we reverse and render a judgment of acquittal on that count. In finding the weight and sufficiency of the evidence in this case insufficient to sustain the conviction, we decline to address the remaining assignments of error....
Our review of the evidence presented by the State reflects that the State failed to present any testimony from DJP board members stating that Allen did not have permission to add Susie Allen to  the cell phone plan.  Additionally, we find no testimony in the record from DJP board members or its authorized representatives claiming that Allen failed to reimburse DJP for Susie Allen’s cell-phone charges. The State only presented evidence showing that during the state auditor’s  office investigation into DJP, Garner found only one reimbursement check for  the  disputed  phone   expense.    Garner  also  testified  that  he  never  completed  his investigation before the District Attorney’s office subpoenaed the investigation records, and that he only reviewed one of  DJP’s audit reports prepared by BKD. The State also presented no evidence to show that no other  reimbursements occurred or that Allen acted without the DJP board’s permission. The defense,  however, presented uncontradicted testimony stating  that Allen did in fact have permission from the DJP board to add Susie to the cell-phone plan, as well as testimony that Allen did reimburse DJP for Susie’s cell-phone charges.   The State’s  case hinges on its claim that the permission by the DJP board to Allen was allegedly void  and   therefore  the  State  claims  that  Allen  committed  conversion  necessary  for  embezzlement by acting on such void consent. The State cites no legal authority for its claim that the Board’s  consent was void or that Allen’s actions in acting upon this allegedly void consent constitute sufficient evidence to show conversion or the charged embezzlement.
¶22.  After our review of the record, we conclude that the State failed to present evidence sufficient to convict Allen of embezzlement under Count IV of the indictment. We therefore reverse  and render a judgment of acquittal on Count IV of the indictment.  Since we are reversing Allen's conviction, we find no need to discuss his remaining issues on appeal. 
Predictable after watching the oral arguments.  It appears Robert Shuler Smith and Johnny Reeves are having a bad day.


Anonymous said...

RSS doesn't prosecute the dangerous crimes, of which there are more than a few. But he goes on a crusade against Ben Allen for something the investigating agency (State Auditor) believed there was no evidence. And all for naught. The guy is dangerous and should be removed from office. Good for Ben Allen.

Anonymous said...


Anonymous said...

Thank God! Robert Shuler Smith needs to be horse whipped.

Anonymous said...

malicious prosecution??

Anonymous said...

malicious prosecution and abuse of process claim coming soon to a courthouse near you.....get ready to testify for hours RSS

Anonymous said...


Anonymous said...

yeah...that was predictable. justice

One of the good ones said...

It’s ashamed the court was bogged down with this trivial case. All Ben has ever tried to do is improve Jackson.

Anonymous said...

He needs to go after RSS. Civil issue I know, but he needs to add to RSS's problems.

Anonymous said...

Great work Buddy and Chuck. Case never should have been brought and glad Ben Allen got justice in the end.

Anonymous said...

I am very happy to see this. Ben is a good man.

Anonymous said...

I see Latrice Westbrooks follows the shameful practice of dissenting without opinion.

Anonymous said...

Where is Shad White when we really need him???

Anonymous said...

I see Latrice Westbrooks is afraid of the voters of her district.

Anonymous said...

Does anyone know if Ben Allen has moved to Madison yet? As a Jackson resident I say get outta guy you deserve it! Move on up to Madison and rest yourself up my man you truly fought the good fight.

I agree with 3:30 PM is Latrice wants to dissent he should have an opinion to explain his position. No opinion makes him look like a racist idiot who is a danger to justice.

otisfyfe said...

I've never been a Ben Allen fan, but, this outcome has been predictably obvious from the get-go.

Anonymous said...


Anonymous said...

January 29, 2019 at 4:30 PM wrote, "I agree with 3:30 PM is Latrice wants to dissent he should have an opinion to explain his position. No opinion makes him look like a racist idiot who is a danger to justice."

"He" is probably just afraid "his" voters will notice "his" girlish penmanship and realize that "he" is really a she.

Admittedly, it does seem an unnecessary fear since I'm pretty sure she has never made a secret about being a she.

Kingfish said...


Anonymous said...

Folks: prosecutors & judges have absolute immunity. No one is successfully suing RSS. Sucks sometimes, but there it is.

Anonymous said...

What ever happened to Ben Allen's secretary?

Anonymous said...

I am thrilled with the Mississippi Supreme Court ruling and it helps me believe justice can still prevail. I never understood why the case was not thrown out to begin with. Happy for the whole Allen family. Hope the voting public can learn of this miscarriage of justice by RSS. We need a DA with better judgement and balance.

Anonymous said...

Court of Appeals, not Supreme Court

Anonymous said...

Ain't no justice in Mississippi sept white justice

Anonymous said...

8:31, better go back and read that opinion again. This time, carefully. From the top.

Anonymous said...

7:48 pm

Not so fast captain

Malicious prosecution is a thing.

(From Panter Law Firm web page....all elements here)

There are six elements of a malicious prosecution claim, and we will look at each of them.

1. The institution or continuation of a judicial proceeding.

This first element simply requires that a court case (civil or criminal) has been filed against you. This element includes the continuation of a court case that, in the beginning, may have been made in good faith but then certain facts make it improper to continue the case.

2. The institution or continuation must be at the insistence of the defendant.

When we use the term “defendant” here, we mean either (i) the person who filed a civil lawsuit against you (and who would have been the plaintiff in that lawsuit) or (ii) the person who filed criminal charges against you and caused the government to formally bring a criminal case against you.

3. The court proceeding must terminate in your favor.

This can occur in several ways.

You could go to trial and obtain a jury verdict in your favor.

A plaintiff in a civil lawsuit could simply drop the lawsuit and walk away.

The prosecution in a criminal matter could drop the charges.

However it may occur, you have to obtain a clear victory. If you gave anything in exchange for having the court case dropped (for example settling a civil matter or entering into a plea bargain in a criminal matter), then the case did not end in your favor.

4. The defendant must have instituted or continued the proceeding with malice.

The term “malice” as used here does not mean the same as when we use it in everyday language.

The lack of probable cause for having instituted the court case is evidence of malice. Filing a civil case, or bringing criminal charges, for an improper purpose can also constitute malice.

5. The defendant must have lacked probable cause to institute or continue the proceeding.

Probable cause can take several forms, but it essentially means the defendant had a reasonable basis for believing he had the right to bring the court case against you.

6. You must have suffered damages as the result.

The element is easily met. Having to go through a wrongful court action almost always causes a person damage.

It may be attorneys’ fees, cost of a bond, time in jail, or other losses.

If you believe you have a malicious prosecution claim, be aware that you only have one year after the “favorable termination” in which to file it.

Anonymous said...

Good thing for Ben the Court of Appeals had this.
The Miss. Supreme Court is a bunch of people who don’t know their limitations.

Anonymous said...

Reminder... Jim Hood couldn’t convict RSS...... in two tries

Anonymous said...

Ben Allen was/is a cheerleader for Jackson. He committed a good season of his life to it. He did a lot of good for our city and his legacy will live on properly.

Anonymous said...

After the 5th Circuit reverses Carlton Reeves’ ass (again) and the airport takeover is complete, hopefully the new board will change the name of airport to Ben Allen International.

Anonymous said...

Someone, please report Robert Shuler Smith & Tommie Green to the Mississippi Bar.

Anonymous said...

Ben may have done a lot of good work and he may have dedicated part of his life (for good pay) to Jackson; however, he rode in here on a horse named 'Arrogance' and promised the moon when he knew he was lying.

He never once said "Here's what I'd like to see and I believe, together, we can do it". Instead he promised crap like 800 loft apartments, a slum full of blues venues and frozen turkey in every shopping cart in Smith Park.

He was influenced a bit too much by the bullshit of Kane Ditto and Leland Speed.

Anonymous said...


Anonymous said...

What is the status of the "David Watkins" fiasco?

Anonymous said...

Well then, it looks like Mr Allen’s only crime is that he is white and the Court of Appeals wasn’t going along with that! Way to go Hinds County. I think your “justice” opinions have as many holes in them as your streets have potholes!

Anonymous said...

Ben is a champion of Jackson and didn't deserve the nonsense of all this. He is one of a small handful of visionaries who believe Jackson can be great again with good leadership. Too bad so many citizens are only interested in lining their pockets or their noses. This was the most egregious lawsuit I've seen, and I've seen a lot in my 50+ years here.

Anonymous said...

Thank God. Hope Ben has a very happy Mardi Gras after a terrible persecution over bullshit! RSS you are a dumb ass.

Imagine Lofts and Blues Venues said...

10:35 reminds us that Ben is a visionary, whatever that means. What has Ben's vision gotten us? I think you meant to say Ben is a dreamer.

“You may say I'm a dreamer
But I'm not the only one
I hope some day you'll join us
And the world will be as one”

Anonymous said...

11:59, 10:35 and 11:17.....perfect. Talk about a "screw job". MERCY. After all Allen has done, and tried to do for this struggling capital city, *this* is his thanks? I hope he sues RSS for malicious prosecution, if that is possible. Then I hope he moves to Madison and becomes my neighbor again.

Anonymous said...

Ben, You just need to remember what all of our mothers told at some time or another. If you play with crap (Jackson) you'll eventually get some on your hands. Nuff said.

Anonymous said...

Smith needs to go. Jackson will never improve with that loser as DA.

Anonymous said...

Ben, Remember to come to a full stop at stop signs, check the pressure in your tires, be sure to dim your lights, remember your blinkers, etc., because when you beat the Jacktown (Hinds county) powers that be, you are a marked man. Make sure you have paid that water bill also.

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Trollfest '09

Trollfest '07 was such a success that Jackson Jambalaya will once again host Trollfest '09. Catch this great event which will leave NE Jackson & Fondren in flames. Othor Cain and his band, The Black Power Structure headline the night while Sonjay Poontang returns for an encore performance. Former Frank Melton bodyguard Marcus Wright makes his premier appearance at Trollfest singing "I'm a Sweet Transvestite" from "The Rocky Horror Picture Show." Kamikaze will sing his new hit, “How I sold out to da Man.” Robbie Bell again performs: “Mamas, don't let your babies grow up to be Bells” and “Any friend of Ed Peters is a friend of mine”. After the show, Ms. Bell will autograph copies of her mug shot photos. In a salute to “Dancing with the Stars”, Ms. Bell and Hinds County District Attorney Robert Smith will dance the Wango Tango.

Wrestling returns, except this time it will be a Battle Royal with Othor Cain, Ben Allen, Kim Wade, Haley Fisackerly, Alan Lange, and “Big Cat” Donna Ladd all in the ring at the same time. The Battle Royal will be in a steel cage, no time limit, no referee, and the losers must leave town. Marshand Crisler will be the honorary referee (as it gives him a title without actually having to do anything).

Meet KIM Waaaaaade at the Entergy Tent. For five pesos, Kim will sell you a chance to win a deed to a crack house on Ridgeway Street stuffed in the Howard Industries pinata. Don't worry if the pinata is beaten to shreds, as Mr. Wade has Jose, Emmanuel, and Carlos, all illegal immigrants, available as replacements for the it. Upon leaving the Entergy tent, fig leaves will be available in case Entergy literally takes everything you have as part of its Trollfest ticket price adjustment charge.

Donna Ladd of The Jackson Free Press will give several classes on learning how to write. Smearing, writing without factchecking, and reporting only one side of a story will be covered. A donation to pay their taxes will be accepted and she will be signing copies of their former federal tax liens. Ms. Ladd will give a dramatic reading of her two award-winning essays (They received The Jackson Free Press "Best Of" awards.) "Why everything is always about me" and "Why I cover murders better than anyone else in Jackson".

In the spirit of helping those who are less fortunate, Trollfest '09 adopts a cause for which a portion of the proceeds and donations will be donated: Keeping Frank Melton in his home. The “Keep Frank Melton From Being Homeless” booth will sell chances for five dollars to pin the tail on the jackass. John Reeves has graciously volunteered to be the jackass for this honorable excursion into saving Frank's ass. What's an ass between two friends after all? If Mr. Reeves is unable to um, perform, Speaker Billy McCoy has also volunteered as when the word “jackass” was mentioned he immediately ran as fast as he could to sign up.

In order to help clean up the legal profession, Adam Kilgore of the Mississippi Bar will be giving away free, round-trip plane tickets to the North Pole where they keep their bar complaint forms (which are NOT available online). If you don't want to go to the North Pole, you can enjoy Brant Brantley's (of the Mississippi Commission on Judicial Performance) free guided tours of the quicksand field over by High Street where all complaints against judges disappear. If for some reason you are unable to control yourself, never fear; Judge Houston Patton will operate his jail where no lawyers are needed or allowed as you just sit there for minutes... hours.... months...years until he decides he is tired of you sitting in his jail. Do not think Judge Patton is a bad judge however as he plans to serve free Mad Dog 20/20 to all inmates.

Trollfest '09 is a pet-friendly event as well. Feel free to bring your dog with you and do not worry if your pet gets hungry, as employees of the Jackson Zoo will be on hand to provide some of their animals as food when it gets to be feeding time for your little loved one.

Relax at the Fox News Tent. Since there are only three blonde reporters in Jackson (being blonde is a requirement for working at Fox News), Megan and Kathryn from WAPT and Wendy from WLBT will be on loan to Fox. To gain admittance to the VIP section, bring either your Republican Party ID card or a Rebel Flag. Bringing both and a torn-up Obama yard sign will entitle you to free drinks served by Megan, Wendy, and Kathryn. Get your tickets now. Since this is an event for trolls, no ID is required. Just bring the hate. Bring the family, Trollfest '09 is for EVERYONE!!!

This is definitely a Beaver production.

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Trollfest '07

Jackson Jambalaya is the home of Trollfest '07. Catch this great event which promises to leave NE Jackson & Fondren in flames. Sonjay Poontang and his band headline the night with a special steel cage, no time limit "loser must leave town" bout between Alan Lange and "Big Cat"Donna Ladd following afterwards. Kamikaze will perform his new song F*** Bush, he's still a _____. Did I mention there was no referee? Dr. Heddy Matthias and Lori Gregory will face off in the undercard dueling with dangling participles and other um, devices. Robbie Bell will perform Her two latest songs: My Best Friends are in the Media and Mama's, Don't Let Your Babies Grow up to be George Bell. Sid Salter of The Clarion-Ledger will host "Pin the Tail on the Trial Lawyer", sponsored by State Farm.

There will be a hugging booth where in exchange for your young son, Frank Melton will give you a loooong hug. Trollfest will have a dunking booth where Muhammed the terrorist will curse you to Allah as you try to hit a target that will drop him into a vat of pig grease. However, in the true spirit of Separate But Equal, Don Imus and someone from NE Jackson will also sit in the dunking booth for an equal amount of time. Tom Head will give a reading for two hours on why he can't figure out who the hell he is. Cliff Cargill will give lessons with his .80 caliber desert eagle, using Frank Melton photos as targets. Tackleberry will be on hand for an autograph session. KIM Waaaaaade will be passing out free titles and deeds to crackhouses formerly owned by The Wood Street Players.

If you get tired come relax at the Fox News Tent. To gain admittance to the VIP section, bring either your Republican Party ID card or a Rebel Flag. Bringing both will entitle you to free drinks.Get your tickets now. Since this is an event for trolls, no ID is required, just bring the hate. Bring the family, Trollfest '07 is for EVERYONE!!!

This is definitely a Beaver production.

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