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.
42 comments:
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.
GOOD
Thank God! Robert Shuler Smith needs to be horse whipped.
malicious prosecution??
malicious prosecution and abuse of process claim coming soon to a courthouse near you.....get ready to testify for hours RSS
Blessing.
yeah...that was predictable. justice
It’s ashamed the court was bogged down with this trivial case. All Ben has ever tried to do is improve Jackson.
He needs to go after RSS. Civil issue I know, but he needs to add to RSS's problems.
Great work Buddy and Chuck. Case never should have been brought and glad Ben Allen got justice in the end.
I am very happy to see this. Ben is a good man.
I see Latrice Westbrooks follows the shameful practice of dissenting without opinion.
Where is Shad White when we really need him???
I see Latrice Westbrooks is afraid of the voters of her district.
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.
I've never been a Ben Allen fan, but, this outcome has been predictably obvious from the get-go.
RSS=POS
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.
He?
Folks: prosecutors & judges have absolute immunity. No one is successfully suing RSS. Sucks sometimes, but there it is.
What ever happened to Ben Allen's secretary?
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.
Court of Appeals, not Supreme Court
Ain't no justice in Mississippi sept white justice
8:31, better go back and read that opinion again. This time, carefully. From the top.
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.
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.
Reminder... Jim Hood couldn’t convict RSS...... in two tries
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.
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.
Someone, please report Robert Shuler Smith & Tommie Green to the Mississippi Bar.
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.
WHAT WAS THIS PROSECUTION REALLY ABOUT?
What is the status of the "David Watkins" fiasco?
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!
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.
Thank God. Hope Ben has a very happy Mardi Gras after a terrible persecution over bullshit! RSS you are a dumb ass.
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”
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.
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.
Smith needs to go. Jackson will never improve with that loser as DA.
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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