*297 denied, 291 Ala. 803, 279 So. Im sure you read Richard Dickersons piece a few weeks back promoting that effort. Of the jurors empaneled to hear the case, five jurors who had expressed some prior knowledge of the case remained on the panel. I well remember when Gene Ballard was shot and having to take a turn guarding Anderson at the hospital. See also Mathews v. Gibbs, 238 Ga. 680, 235 S.E.2d 3 (1977) (holding that the appellant was ineligible to contest the election because he had been convicted of "felonies involving moral turpitude" and was thus not eligible to vote). The defense counsel made a motion for mistrial because of this filming on three separate occasions. When you read about lynchings and the KKK in Alabama, you expect to be reading about incidents that happened 100 years ago. He was an insurance salesman. April 14, 1987. Appellant's final contention is that this cause is due to be reversed because of a fatal variance in the proof adduced at trial and the charge in the indictment. Find Josephus Anderson's phone number, address, and email on Spokeo, the leading online directory for contact information. Snipes v. State, 364 So. 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. 2d 99 (1975), the amount of money or the value of property taken is immaterial in a robbery prosecution. Did you know Birmingham had a counterculture? Arraignment was held on January 16, 1981, with court-appointed counsel present, wherein appellant entered a plea of not guilty. However, the defense counsel stated that approximately two days later, at a hearing, the prosecutor identified the other witness as being Shirley Stewart, but stated that he had no information as to her whereabouts. Maybe he should be a history professor at Univ. That above rule "clearly applies to cases where the continuance is sought due to an absent witness." Officer Newfield stated that he observed appellant walking down 16th Street toward him and turn left on Second Alley. 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." Defense counsel further stated that the prosecutor later provided him with certain information about Ms. Stewart, namely that her mother lived in Ensley and that Ms. Stewart was apparently somewhere in Michigan with her husband. 521 (1940). ), affirmed, 457 So. 2d 562 (1974). 2d 435 (Ala.Cr.App. Our entire world has a dark history, and America is no exception. 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. The remaining jurors who had some knowledge of the case indicated that they could disregard their recollection and base their verdict on the testimony they heard at trial. Donald was beaten to death and his body hanged in a tree. Officer Middleton stated that he approached the fallen suspect and took the pistol out of his hand. App.1982). Both concluded that Michael Donald was hung as a result of a drug deal gone bad. The Michael Donald wrongful-death lawsuit was the first civil liability suit directed specifically at an organization that professed hate based solely on race. During each trial Anderson would be prosecuted and defended by two tenacious attorneys, David Barber, later to become the District Attorney of Jefferson County and by William Clark, who was likely responsible for Anderson not receiving the death penalty. Henry Hays and James Knowles were armed with a gun and a rope when they happened upon Michael Donald who was walking home from purchasing a pack of cigarettes for his sister. [1] A neutral State law that produces disproportionate effects along racial lines is subject to analysis under Village of Arlington Heights v. Metropolitan Housing Development Corp., 429 U.S. 252, 97 S. Ct. 555, 50 L. Ed. Other states have enacted similar statutes or statutes which promote similar results. "The purpose of this section [ 12-16-60, Code of Alabama (1975)] is `"to insure at least a reasonable approximation to the requirements that jury venires include all qualified persons, and, hence, represent a cross-section of the community."'" denied, 359 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. Charles A. Graddick, Atty. Joseph Anderson . There his beaten body hung from the tree until all life left it. 2d 843 (Ala.1978). However, starting with the Declaration of Independence, SOME Americans began to change that. She described the man as approximately 6 feet tall, weighing 180 pounds, wearing "a brown leather hat with a little visor and a light weight wool sweater with blue and white stripes going across the chest"; he was also wearing a jacket. Rhoden Josephus Living in 62 Anderson Street Talladega Alabama, Phone: 256-358-7224, Email: josephus5219@gmail.com, Relatives: Available. Dolvin v. State, 391 So. 2d 818 (Ala.Cr. He stated that he made photographs of the scene and photocopies of the travelers checks found near appellant. The only showing that was made was that some of the *1369 prospective jurors had some recollection of the events surrounding the robbery. Fourteen of the twenty-seven jurors had some recollection of the events surrounding the robbery. Members of Unit 900 of the United Klans of America declared that justice for the white officer would never happen because there was a black man on the jury. Jay Glass retired as Chief Deputy Coroner following 35 years of. 2d 549 (1970). App.1984) (wherein a juror was observed talking to the victim during a recess). Their line of thinking was that a black man would never convict another black man for killing a white police officer. After careful review of the record, we find no prejudicial error of the trial court's ruling. 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. The facts of this case are as follows: The petitioner, Josephus Anderson, was indicted on December 7, 1979, in Jefferson County for the November 29th capital murder of Officer Albert Eugene Ballard. Davis v. State, 457 So. (Opt out at any time). 460, 301 So. Refine Your Search Results. Click a location below to find Joseph more easily. As the appellant points out in his brief, the United States Supreme Court has held that due process protects a defendant against conviction unless there is proof beyond a reasonable doubt. Goodwin v. State, 516 So. The same week of Donald's murder, Knowles said, there was a different criminal case that had the attention of Mobile Klansmen: The trial of a Black man named Josephus Anderson. Josephus Dekoning was born on 03/30/1929 and is 93 years old.Josephus Dekoning currently lives in Anderson, AL; in the past Josephus has also lived in Orland Park IL, Monee IL and Steger IL.Josephus also answers to Joe B Dekoning, Josepheus Dekoning, Josephus D Dekoning, Josephus B Dekoning and Josephus B Koning, and perhaps a couple of other names. Get free summaries of new Alabama Court of Criminal Appeals opinions delivered to your inbox! The other testimony which the appellant alleges was erroneous occurred during the re-cross-examination of a firearms expert by the defense counsel: No motion for mistrial was made by the defense counsel. *301 The analysis and holding in Hunter have since been used where black citizens challenged the constitutionality of an at-large method of electing county commissioners and school board members, Dillard v. Crenshaw County, 640 F. Supp. Anderson v. State, 362 So. The record firmly establishes the fact that appellant was most ably represented at all times during the disposition of his robbery case. Donalds mother insisted that her son had nothing to do with drugs and asked for prominent civil rights leaders to assist in getting to the bottom of her sons murder. The prosecutor had also informed the defense counsel that he did not intend to call either Ms. Stewart or Ms. Johnson and, in fact, neither individual was called to testify at the trial. 2d 821 (1969); Morton v. State, 338 So. Yet today, things have changed, and change needed to come at that time. However, in Ex parte Cochran, 500 So. In Alabama, "the statutory prerequisite to jury service requiring the absence of any conviction of an offense involving moral turpitude is an absolute" and mandates disqualification if a prospective juror falls in that category. Subsequently, the prosecutor sent the defense counsel a copy of a tape recording of a conversation between Ms. Johnson and a member of the Birmingham police force. Example: Yes, I would like to receive emails from ComebackTown. And. The record indicates that following Mrs. White's testimony, as she was leaving the courtroom, she turned to the victim's widow, waved and stated, "Bye-bye." Appellant was subsequently tried for robbery approximately one year later on January 25, 1982. Bridges v. State, 284 Ala. 412, 225 So. Following Defendant's conviction, the cumulative vote total was still twenty-seven for acquittal, twenty-one for conviction." Hes past Chairman of the Birmingham Regional Chamber of Commerce (BBA), Operation New Birmingham (REV Birmingham), and the City Action Partnership (CAP). 1978). Appellant contends that the trial court erred in denying his challenge for cause of jurors Brown and Benjamin. It is appellant's contention that some value must be shown before the offense of robbery can be made out. Certain acts can have important unintended consequences. The appellant argues that his conviction in his fourth trial, following three mistrials, should be barred on the basis of double jeopardy. Carter v. Jury Comm'n, 396 U.S. 320, 90 S. Ct. 518, 24 L. Ed. Shannon Hill testified that she was balancing and counting her money at a teller window when a black male walked up to her counter, pulled a gun and asked for money. The defense counsel contended that he should be accorded the opportunity to interview each of these witnesses and, because Shirley Stewart was somewhere in Michigan, he maintained that he should be provided funds with which to go to Michigan and interview her. Officer Newfield stated that after hearing the report he went outside the Sears building. When you read about lynchings and the KKK in Alabama, you expect to be reading about incidents that happened 100 years ago. More at History. Thanks T.K.! Hunter v. Underwood, supra, 471 U.S. at 231, 105 S. Ct. at 1922, 85 L. Ed. Officer Yester stated that, after she finished her duties at the branch office, she went to the Southern Motor Inn Motel where appellant had been apprehended. 2d 92 (1973).'" denied, 402 U.S. 976, 91 S. Ct. 1680, 29 L. Ed. The Court further refused to accept the appellant's contention that the State had a legitimate interest in denying the franchise to those convicted of crimes involving moral turpitude, because the Court found that such a purpose was not a motivating factor of the 1901 Convention. Jackson v. State, 414 So. Hunter v. Underwood, supra, 471 U.S. at 227, 105 S. Ct. at 1920, 85 L. Ed. Cumbo v. State, 368 So. "Poole, supra, at 544. Except where inherently prejudicial publicity has so saturated the community as to have a probable impact upon the prospective jurors, the trial court's main responsibility with regard to allegedly prejudicial pre-trial publicity is to determine whether, as the result of such publicity, it is reasonably unlikely that the defendant can secure a fair and impartial trial. Many have left due to job availability and desire for betterment for themselves and their family. She testified that the police car then ran into a utility pole and stopped. However, this court has recently quoted the pertinent language from Dickerson in Barton v. State, 494 So. 2d 531 (1975). 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. 2d 428 (Ala.Cr.App. The parties further stipulated that all the other jurors who had heard any of the pretrial publicity stated they could disregard their recollections and base their verdict on the testimony they heard during the trial. Sign up for our free summaries and get the latest delivered directly to you. ', Richardson v. State, 476 So. Thus, the defendant has failed to meet his burden. The appellant claims that this denial resulted in preventing him from thoroughly cross-examining the State's witnesses and prevented him from preserving and providing a full and complete record on appeal. Gen., for appellee. Shannon Hill was recalled and testified that the serial numbers on the money recovered from appellant matched the serial numbers on her "bait money" that had been taken from her teller drawer. 2d 1312 (Ala.Cr.App.1985), and no showing of a discriminatory intent, the appellant's claim is without merit. Joseph Anderson in Alabama 269 people named Joseph Anderson found in Mobile, Huntsville and 12 other cities. Although 182 is racially neutral on its face, applying equally to anyone convicted of one of the named crimes or categories of crimes, the appellee was able to prove a racially discriminatory impact. Look forward to reading it. Ms. Tapscott described this man as six feet tall, wearing a blue and white striped sweater-shirt and a brown leather hat with a small visor. 2d 328 (1969)." On December 11, 1979, Ms. Tapscott and Ms. Hill were shown six photographs, one of which was appellant's. 2d 451 (Ala.Cr.App.1981). Josephus R. Anderson was indicted by the Jefferson County Grand Jury on December 7, 1979, for robbery. 2d 992, 994 (Ala.Cr. We cannot erase those portions of our past that , at the time May have seemed very strange and threatening. 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. We collect and match historical records that Ancestry users have contributed to their family trees to create each person's profile. Dobbert v. Florida, 432 U.S. 282, 97 S. Ct. 2290, 53 L. Ed. 2d at 1184-85. Historical Person Search Search Search Results Results Josephus Marion Anderson (1861 - 1927) Try FREE for 14 days Try FREE for 14 days How do we create a person's profile? This man was later identified as Josephus Anderson, an individual with a long history of violent criminal activity. Historically, in Alabama, the qualifications of persons on a jury roll were addressed under Title 30, Section 21, Code of Alabama (1940), and Title 30, Section 21, Code of Alabama (Recomp.1958). On March 20, 1981, Michael Donald, a 19 yr. old African American trade school student was found hanging from a small ornamental "popcorn" tree on an old residential street, across the street from where several Klansmen lived. Florida, 432 U.S. 282, 97 S. Ct. 518, 24 L. Ed click a location below find. Of which was appellant 's claim is without merit the fact that was! Court 's ruling have left due to an absent witness. Cochran, 500 So Joseph more easily take turn! 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