2d at 231. She further testified that the man took money and American Express travelers checks and put them in a paper bag and left the bank. I agree with you. Officer Newfield stated that after hearing the report he went outside the Sears building. So what were the unforeseen consequences of this story and how did they come about? Their line of thinking was that a black man would never convict another black man for killing a white police officer. See Stevens v. State, 451 So. Find Josephus Anderson's phone number, address, and email on Spokeo, the leading online directory for contact information. Thus, the appellant claims that this tally should raise a reasonable doubt as to the validity of the jury verdict. Instead, the function of this Court is to determine whether there is legal evidence from which a jury could by fair inference find the defendant guilty. Black people should support this annexation as well as any annexation done by mostly Black central cities. denied, 416 U.S. 973, 94 S. Ct. 1998, 40 L. Ed. Instead, he was killed because the Klan members were furious that the second trial of Josephus Anderson, a black man accused of murdering a white policeman, had been declared a mistrial when the jury could not reach a verdict. Following his conviction in 1985, the jury recommended a sentence of life without parole. There he observed appellant lying on the ground in front of the motel swimming pool. 2d 1185, 1205 (Ala.Cr.App.1979), *300 writ denied Ex parte Chambliss, 373 So. David Sher is the founder and publisher ofComebackTown. Your email address will not be published. The appellant argues that the trial court erred in excepting the victim's widow from the rule. It is important for the next generations to know, so they can choose different paths, otherwise the negative forces of humankind (superiority of ones own group, setting profit and power as the ultimate goal and test of success, etc.) Jay Glass retired as Chie 363, 279 So. 200 block 19th Street.". The Court further indicated that there was no record of any objections to the declaration of mistrial in any of the three previous trials. In retrospect, these unforeseen consequences can be indirectly traced back to that incident years before when Josephus Anderson survived being shot multiple times by police officers in a Birmingham alley and which, in the end, would set a precedent for successful civil rights lawsuits against other racist hate groups. Walker v. State, 416 So. "Once racial discrimination is shown to have been a `substantial' or `motivating' factor behind enactment of the law, the burden shifts to the law's defenders to demonstrate that the law would have been enacted without this factor." Under Arlington Heights, a racially disproportionate impact alone does not make official action unconstitutional; rather, a discriminatory purpose or intent must be shown to prove a violation of the Equal Protection Clause. This was likely related to the lack of positive eyewitness identification of Anderson as the person who shot Ballard and questions regarding ballistic evidence. (Emphasis added in Poole.) The appellant complains that he was convicted solely on the basis of circumstantial evidence and that this evidence failed to exclude every reasonable hypothesis except that of the guilt of the appellant. Court of Criminal Appeals of Alabama. 460, 301 So. The appellant argues that the trial court erred in denying him access to a transcript of each of his two prior trials. 2d 1173 (Ala.1979). Setting a precedent, the lawsuit opened the door for others to file civil cases against hate groups and their members in the United States. The appellant argues that the trial court abused its discretion by denying his motion for mistrial based on the unresponsive testimony of two witnesses. His wife was Logan Anderson His parents were G.I. It is appellant's contention that his picture shown to the witnesses in which an "IR number" was missing and where his name was written on the back coupled with the publicity at the time of the witnesses viewing the photograph resulted in a suggestive and improper photographic lineup procedure. Appellant contends that the trial court erred in denying his challenge for cause of jurors Brown and Benjamin. The prosecution of Josephus Anderson for the murder of Officer Ballard would then commence a long 5 1/2 year process which would include four trials, the first three of which would end in hung juries. I welcome your comments. denied, 295 Ala. 398, 325 So. You can explore additional available newsletters here. Joseph Mitchell Anderson, 57 . An all-white jury heard the civil liability case against the United Klans of America. Furthermore, defense counsel and the district attorney stipulated that twenty seven jurors were questioned individually outside the presence of the other jurors concerning their recollection of any publicity surrounding the case. Following the petitioner's motion for a change of venue, the case was transferred to the Circuit Court of Mobile County. Both concluded that Michael Donald was hung as a result of a drug deal gone bad. Built it back .. , Your email address will not be published. The appellant argues that because jury lists are customarily taken from the voter registration list, he should have been allowed to interview the individual who did the preliminary voir dire examination, to determine if jurors were excluded from the venire on the basis of convictions of crimes involving moral turpitude. Public Domain. 2d at 230. Officer Middleton stated that he approached the fallen suspect and took the pistol out of his hand. Officer Newfield stated that he followed appellant until he turned off Second Alley at 12th Street. 2d 1079 (Ala.Cr. Did you know Birmingham had a counterculture? Two experts testified that they believed that the bullets found in Sergeant Ballard's body and his car were fired from the pistol taken from the appellant. Anderson and ?? Ms. Tapscott stated that the robber was in her presence from three to five minutes and was within two feet of her. In addressing the purpose behind this statute, the committee states that "[R]equiring jurors to be electors attempts to insure that citizens who uphold and obey the law will be selected as jurors to discharge the responsibility of jury service." Rhoden Josephus Living in 62 Anderson Street Talladega Alabama, Phone: 256-358-7224, Email: josephus5219@gmail.com, Relatives: Available. The American Bar Association has established a model setting forth four categories of persons who should be ineligible for jury service. She said that she then heard three shots and saw the man ran down an alley. 166, 320 So. Francis Hays, the second-highest Klan official in Alabama, and his fellow members of Unit 900 of the She identified the *295 appellant as the man who robbed the Jefferson Federal Savings and Loan Association. PETITION FOR WRIT OF MANDAMUS OR, IN THE ALTERNATIVE, FOR WRIT OF CERTIORARI. Gregg v. Maples, 286 Ala. 274, at 279, 239 So. This site is protected by reCAPTCHA and the Google, Alabama Court of Criminal Appeals Decisions. During the voir dire, the trial judge asked, "Is there anyone here that's lost the right to vote for reason of being convicted of a crimeany serious felony or criminal offense involving moral turpitude?" April 14, 1987. There she assisted Officer Bearden record the serial numbers of the money and travelers checks that had been recovered from appellant. However, we note that defense counsel and the district attorney entered a stipulation which said that two prospective jurors from the venire who stated they could not disregard previous news accounts of the case were dismissed from the venire and replaced by two who were unaware of the surrounding publicity. Furthermore, during the cross-examination of several of the State's witnesses, the defense counsel was able to recall their testimony from the previous trials and, moreover, attempted to introduce the previous testimony of at least one State's witness, Lula White, into evidence in order to show that she had changed her testimony. The man had a mustache. David Sher is the founder and publisher of ComebackTown. The Court further found no merit in the State's contention that despite the original purpose of 182, subsequent events had legitimated the provision, stating that "[w]ithout deciding whether 182 would be valid if enacted today without any impermissible motivation, we simply observe that its original enactment was motivated by a desire to discriminate against blacks on account of race and the section continues to this day to have that effect. Durham, you are absolutely right! "`Denial of a continuance is not palpable abuse of discretion in the absence of a showing as to what the witness would testify to.' Born 1926 and died 1984. Ellis v. State, 338 So. Both of these statutes required that in order to qualify to be a potential juror, the person must have never "been convicted of any offense involving moral turpitude." 2d 645 (1968), and neither was adopted for nor promoted the purpose of fostering racial discrimination. The case was filed in the federal court in the Southern District of Alabama. Appellant argues that, because of widespread publicity in the Birmingham area concerning the robbery and murder of Officer Ballard, he was denied his right to a fair and impartial trial. There is also no merit to the appellant's claim that he should have been granted a mistrial because of the relationship between Lula White and the victim's widow. Rhoden Josephus Open Premium Report Rhoden Josephus 62 Anderson Street, Talladega, Alabama We have found at least 14 more addresses related to this person, which require a . Jay Glass retired as Chief Deputy Coroner following 35 years of service with the Jefferson County Coroner/Medical Examiner Office. However, due to our finding above that the jurors were not biased against appellant, we find no abuse of judicial discretion in its denial of appellant's motion for a continuance. However, this court has recently quoted the pertinent language from Dickerson in Barton v. State, 494 So. In Cochran, the Alabama Supreme Court affirmed the trial court's decision because an "adequate substitute" was available in that one of the attorneys who had represented him throughout his litigation "represented him from the preliminary hearing through the third trial." Josephus R. Anderson was indicted by the Jefferson County Grand Jury on December 7, 1979, for robbery. We only hold that convictions of these crimes do not result in disqualifying a jury for cause." denied, 359 So. 2d 787 (Ala.1986). She stated that Ms. Hill was attempting to open the bank safe. 2d 1211 (Ala.1979) we find that this statute is constitutional. A marked police car pulled up beside the suspect at the motel and the suspect shot at this vehicle. "`In reviewing the sufficiency of the evidence the appellate courts of this State are bound by several well settled rules. We disagree. But this chain of events happened between 1979 and 1987just 34 years ago. Although the Court in Poole related the holding in Hunter only to the particular appellant in that case, it is clear that the Court's interpretation as to the interplay between that code section and the relevant constitutional code section in Hunter results in a disqualification of jurors only where they have been convicted of crimes involving moral turpitude which are punishable by imprisonment in the penitentiary and, on that basis, have lost their right to vote. Cookie Settings/Do Not Sell My Personal Information. The appellant argues that some of the testimony presented by the eyewitnesses to the murder conflicted and that none of these witnesses testified that they saw a gun. The appellant was tried on three occasions, twice in 1981 and once in 1983; those trials ended in mistrials because the jury was unable to reach a verdict. On cross-examination, she testified that the appellant looked like the man that she saw. The police car took off as if the policeman's foot had hit the accelerator and the car hit a paper stand and a trash can on the corner. "The weight of the evidence, the credibility of the witnesses, and inferences to be drawn from the evidence, where susceptible of more than one rational conclusion, are for the jury alone. In 1987, Donalds mother, Beulah Mae Donald, brought a wrongful death lawsuit against the United Klans of America. Gunfire was exchanged and the appellant was apparently shot in the face and the stomach. The Mobile police and the FBI investigated the lynching. After a hearing on May 15, 1981, before the Honorable James Garrett, Circuit Judge of Jefferson County, appellant filed a motion for continuance which also was denied. In reviewing a conviction based on circumstantial evidence, the test to be applied by this court is whether the jury might reasonably find that the evidence excluded every reasonable hypothesis except that of guilt; not whether the evidence excludes every reasonable hypothesis except guilt. 2d 1083, 1089 (Ala.Cr. As this court stated in Chillous v. State, 405 So. 2d 547 (Ala.Cr.App.1984). It is not the function of this Court to decide whether the evidence is believable beyond a reasonable doubt and to a moral certainty. Historical Person Search Search Search Results Results Josephus Marion"Buster" Anderson Jr (1905 - 1979) . Based on the evidence presented by the State, a jury could have reasonably concluded that every reasonable hypothesis except guilt was eliminated. Sheppard v. Maxwell, 384 U.S. 333, *307 86 S. Ct. 1507, 16 L. Ed. App.1984) (wherein a juror was observed talking to the victim during a recess). Of the jurors empaneled to hear the case, five jurors who had expressed some prior knowledge of the case remained on the panel. Newfield broadcast his movements to police headquarters and stated that the man continued walking in a calm manner, occasionally glancing in Newfield's direction. Id., at 687, citing Bailey v. State, 398 So. The evidence before us reveals that the jury was not prejudiced against appellant and therefore we find no error in the refusal of the trial judge to grant the motion for a change of venue. David Shers ComebackTown giving voice to the people of Birmingham & Alabama. 2d at 228, quoting the Court of Appeals' finding at 730 F.2d 620. 2d 344 (1977); Murphy v. Florida, 421 U.S. 794, 95 S. Ct. 2031, 44 L. Ed. Goodwin v. State, 516 So. He again argues that, because of pretrial publicity some two months prior to his trial, the trial should have been postponed to a later date. Young v. State, 469 So. There are a number of Birminghamians that would like to use our history as a brand to promote how Birmingham has impacted the world. 654, 658, 282 So. Articles of the appellant's clothing, rolls of coins taken from the appellant's pockets, a total of $2,058 in currency, and $13,300 in travelers checks were recovered from the scene. The record indicates that no one was struck as a result of this question. The officer who responded to the call broadcast a description of the man over his radio. 2d 1195, 1198 (Ala.Cr.App. Yes, the trials were moved to Mobile. 1976); Edson v. State, 53 Ala.App. [5] Birmingham Police Officer Joe Johnson testified and corroborated the testimony of Officer Middleton. We note that, at the time of appellant's trial for robbery, he had previously been tried twice for the murder of Officer Eugene Ballard who was killed immediately after the robbery. Also I am not young but I agree with the young ones who are thinking that way. We collect and match historical records that Ancestry users have contributed to their family trees to create each person's profile. Appellant's murder trials, both of which resulted in "hung juries," were had in Mobile, Alabama, because of extensive publicity surrounding the robbery-murder. 2d 549 (1970), quoting Brown v. Allen, 344 U.S. *302 443, 474, 73 S. Ct. 397, 416, 97 L. Ed. In so doing, this group stated: American Bar Association, Standards Relating to Juror Use and Management 50 (1983). Furthermore, according to the record, the testimony of Phyllis Johnson would have been merely cumulative and, therefore, there was no abuse in failing to grant a continuance because of her absence at trial. Jorden - Josephus . The letter identified one of the witnesses as Phyllis Johnson, a correctional officer for the City of Birmingham, and the other witness was not identified. Furthermore, both witnesses gave accurate, detailed descriptions of the appellant immediately after the robbery occurred. Fourteen of the twenty-seven jurors had some recollection of the events surrounding the robbery. In addition to the arguments already raised, the appellant claims that the trial court erred in denying his motion for continuance on the basis of newly discovered witnesses and on the basis of pre-trial publicity; in failing to grant his motion for mistrial on the basis of the relationship between Lula White and the victim's widow; in the denial of his motion for a mistrial after repeated violations of the trial court's order to prohibit filming of the jury by the news media. 182, 96 So. You already receive all suggested Justia Opinion Summary Newsletters. 2d 222 (1985). 2d 198, at 204 (1970), quoting Mitchell v. Johnson, 250 F. Supp. Therefore, this examination will look to the history of this statute and the legislative purpose thereof under the application of the holding in Hunter. After a review of the issues raised, we deny the relief sought. App.1986). 1 Div. The appellant contends that his conviction is due to be reversed on the basis of cumulative error. 2d 840 (1968), which emphasized that the disfranchisement of felons "has never been viewed as a device by which a state could discriminatorily exclude a given racial minority from the polls."). Records of the police department indicated that this "robbery-in-progress" broadcast was made at 3:34 p.m. Although the appellant argues that the cumulative effect of all of the alleged errors entitles him to a new trial, we find no ineradicable prejudice caused to the appellant and we find that he was not deprived of a fair and impartial trial. Thats just the evolution of life. 2d 1014 (Ala.Cr.App.1982). On December 11, 1979, Ms. Tapscott and Ms. Hill were shown six photographs, one of which was appellant's. Id. Officer R.E. As to the trial court's refusal to grant a continuance because of pre-trial publicity concerning other crimes involving police, the record indicates that the defense counsel's motion was based on a killing of a police officer and an attempt to shoot an officer, both of which occurred shortly before this trial, and a prosecution of a Ku Klux Klan member for the killing of a black man, which was purportedly motivated by the jury's inability to reach a verdict in the defendant's three prior trials. Ms. Hill stated that she gave the man approximately $150 in marked money from her drawer and some rolls of coins. See also Jackson v. State, 516 So. Chrysler Credit Corp. v. McKinney, 456 So. The payout by the United Klans of America bankrupted the organization. 2d 1312 (Ala.Cr.App.1985), and no showing of a discriminatory intent, the appellant's claim is without merit. 2d 435 (Ala.Cr.App. Ms. Tapscott stated that, when the black man saw her walk into the front office, he also pointed the gun at her. . (Opt out at any time). Albert Eugene Ballard, 46, and two days before being eligible to retire, saw a man walking on the sidewalk who fit the general description of the suspect. HARRIS, Judge. A Coroners Perspective of Jefferson County, Alabama in the Early 20th Century. The book provides a review of Jefferson County during the turbulent first half of the 20th century as seen through the eyes of the coroners, law enforcement officials and news media during that time along with statistical comparisons to our current community. Hollars University of Alabama Press, $24.95 Reviewed by SCOTTY E. KIRKLAND Correspondent In 1979, Sgt. Ms. Hill stated that the black male remained in the bank for six minutes. In looking to the purpose in requiring that a prospective juror "has not lost the right to vote by conviction for any offense involving moral turpitude," we note that other sources have similar provisions. He further stated that he was not present when the jury venire was in fact empanelled or qualified and had no way of knowing what questions were asked. However, in Ex parte Cochran, 500 So. Ex parte Poole, 497 So.2d *303 537, 543 (Ala.1986). He was an insurance salesman. 2d 1247 [at 1248] (Ala.Crim.App.1985) (citation omitted).". The police records showed that a radio transmission was made at 3:49 which stated, in substance, "Oh me, 200 block. YouTubes privacy policy is available here and YouTubes terms of service is available here. I well remember when Gene Ballard was shot and having to take a turn guarding Anderson at the hospital. Under 15-14-56(a), "[w]henever a victim is unable to attend such trial or hearing or any portion thereof by reason of death the victim's family may select a representative who shall be entitled to exercise any right *305 granted to the victim, pursuant to the provisions of this article." [1] "`The registrars' expert estimated that by January 1903 182 had disfranchised approximately ten times as many blacks as whites. Hunter v. Underwood, supra, 471 U.S. at 227, 105 S. Ct. at 1920, 85 L. Ed. at 448-49. Ex parte Anderson, 457 So. 2d 666, 674-75 (Ala.Cr.App.1979), affirmed, 391 So. Poole v. State, supra, at 545. Colston v. State, 57 Ala.App. Required fields are marked *. Thus, the defendant has failed to meet his burden. See e.g. Shortly after the broadcast concerning the robbery in progress, Sergeant Ballard had a conversation with another officer by radio. 2d 96 (Ala.Cr.App.1976). Use of and/or registration on any portion of this site constitutes acceptance of our User Agreement, Privacy Policy and Cookie Statement, and Your Privacy Choices and Rights (each updated 1/26/2023). 2d 99 (1975), the amount of money or the value of property taken is immaterial in a robbery prosecution. She stated that Jane Baird, another bank teller, gave him all the money from her drawer and that Jill Tapscott gave the man travelers checks. Id. Appellant also contends that the trial court erred in denying his motion for a trial continuance. Sears building ; Murphy v. Florida, 421 U.S. 794, 95 S. Ct. 2031, 44 L..... She said that she then heard three shots and saw the man took money and American Express travelers that... Officer by radio Relatives: available done by mostly black central cities v.,... Ala.Cr.App.1979 ), affirmed, 391 So 645 ( 1968 ), quoting Mitchell v. Johnson, F.! Another officer by radio impacted the world ] ( Ala.Crim.App.1985 ) ( citation omitted.... 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