josephus anderson alabama

2d 1185, 1205 (Ala.Cr.App.1979), *300 writ denied Ex parte Chambliss, 373 So. The appellant concedes in brief that there is no indication from the record that the State used its peremptory challenges to systematically exclude blacks from the jury, which was comprised of ten whites and four blacks, as prohibited under the doctrine of Batson v. Kentucky, 476 U.S. 79, 106 S. Ct. 1712, 90 L. Ed. 2d 1014 (Ala.Cr.App.1982). a black man, Josephus Anderson, accused of murdering a white policeman. I'm hit bad. *1365 Orson L. Johnson, Birmingham, for appellant. Starr and McCormick, Jury Selection 35 (1985). Although the appellant argues that these statutes have no application in his case, because the offense occurred prior to their enactment, the defendant's trial took place after its enactment, and therefore the statute applies to this case. The judge stated: We view this as a matter wholly within the discretion of the trial court. (Opt out at any time). Im sure you read Richard Dickersons piece a few weeks back promoting that effort. After he and his partner fired a shot at the fleeing suspect, the suspect fell. In the present case, there has been no showing that Mrs. Stewart could ever be located. Invite David to speak to your group for free about a better Birmingham. The men drove the car to the next county into a secluded and wooded area. App.1984) (wherein a juror was observed talking to the victim during a recess). Atty. Community Rules apply to all content you upload or otherwise submit to this site. 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. 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. Upon calling him over to his car, Anderson leaned into the vehicle and shot Ballard several times and then ran away. Michael's body was crumpled from beatings and his neck slashed. . 2d 99 (1975), the amount of money or the value of property taken is immaterial in a robbery prosecution. The granting of an accused's motion for change of venue rests within the sound discretion of the trial court and its ruling thereon will not be disturbed except for gross abuse. Records of the police department indicated that this "robbery-in-progress" broadcast was made at 3:34 p.m. The petitioner, Josephus Anderson, was indicted on December 7, 1979, in Jefferson County for the November 29th capital murder of Officer Albert Eugene Ballard. 2d 871, 874 (Ala.Cr.App.1978), cert. Jones v. State, 469 So. Your email address will not be published. 2d 423 (Ala.Cr.App.1976). 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. Thus, the appellant claims that this tally should raise a reasonable doubt as to the validity of the jury verdict. 166, 320 So. 2d 450 (1977). His wife was Logan Anderson His parents were G.I. The record indicates that before the jury venire was present, the defense counsel moved for a continuance, stating that during the week prior to this hearing he had received a letter from the prosecutor stating that, pursuant to a conversation with the former deputy district attorney, he had become aware of two additional witnesses. The officer who responded to the call broadcast a description of the man over his radio. Look forward to reading it. 2d 1164, 1169 (Ala.Cr.App.1979), writ quashed by Ex parte Johnson, 378 So. 2d 226 (1974). 2d 1069, 1071 (Ala.1984), citing Beasley v. State, 39 Ala.App. Memorialize Joseph's life with photos and stories about him and the Anderson family history and genealogy. No mention is made as to disfranchisement on these grounds. Charles H. Newfield, a Birmingham police officer, testified that he was working an extra job at Sears in downtown Birmingham on the day of the robbery. Lord, help me. at 448-49. Anderson's lawyers were granted a change of venue and the trial moved to Mobile, Alabama. Although several Klan members were later convicted of this crime, with one of them being executed for the murder, that would not be the end of this matter. Guilt should be directed to the criminals of the crimes, not a rehash of HISTORY that most of us know. The Christmas shopping rush was on when a call went out over the police radio reporting an armed robbery at a savings and loan branch and which included a description of a Black male suspect. The Court further indicated that there was no record of any objections to the declaration of mistrial in any of the three previous trials. 2. denied, Ex parte Clements, 390 So. She stated that Ms. Hill was attempting to open the bank safe. The killing had occurred in Birmingham, Alabama, but the trial had been moved to Mobile, Alabama. Josephus Anderson, age 79, would die from natural causes in March, 2021, while serving his life sentence in Holman prison. 521 (1940). 2d 943, 949 (Ala.Cr.App.1986), wherein it was stated: "`Not every denial of a motion for continuance to obtain witnesses violates the accused's right to compulsory process. of Berkley. After the perpetrator left the bank, one of the employees pulled an alarm that is connected to the Birmingham Police Department. The 1981 Lynching that Bankrupted an Alabama KKK. Both concluded that Michael Donald was hung as a result of a drug deal gone bad. A defendant has the right to have his trial removed to another county if he cannot receive a fair and impartial trial in the county in which the indictment is found. When Donald approached the car, he was forced at gunpoint to get inside. It has also been held in Alabama that a `mistrial is no trial' and, therefore, that retrial would not place a defendant in double jeopardy. This section was held constitutional on its face, Bokulich v. Jury Comm'n of Greene County, Ala., 298 F. Supp. An all-white jury heard the civil liability case against the United Klans of America. 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. However, in Ex parte Anderson, supra, at 449-51, the Alabama Supreme Court found that the circumstances of this case do not present a breach of due process: Furthermore, the appellant's conviction upon his fourth retrial did not violate due process. Yeah, no more ads! Snipes v. State, 364 So. Although several Klan members were later convicted of this crime, with one of them being executed for the murder, that would not be the end of this matter. Two additional jurors who stated they had no previous knowledge of the case replaced those jurors who were struck for cause. "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. Born 1926 and died 1984. 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. 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. "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."'" He died in September 1984 at 58 years old. By B.J. denied, 368 So. There he observed appellant lying on the ground in front of the motel swimming pool. The record indicates that the prospective jurors indicated that despite their knowledge of the events concerning the shootings of the police officers, they could remain impartial and would base their decision on the evidence presented. will raise their ugly head in future generations, perhaps in different ways, over and over. 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 Chief Deputy Coroner following 35 years of service with the Jefferson County Coroner/Medical Examiner Office. Officer Newfield stated that he observed appellant walking down 16th Street toward him and turn left on Second Alley. 2d 697, 699 (Ala.Cr.App.1982)." All the Judges concur, except BOWEN, P.J., who concurs in the result only. See e.g. There is a presumption in favor of the correctness of a jury's verdict, and when the trial judge declines to grant a new trial that verdict is strengthened on appeal. But it is HISTORY, an important part of how things DID eventually change. Two members of the Klan group were very upset and began driving around Mobile in search of a black person to attack. 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. The appellant argues that the trial court abused its discretion by denying his motion for mistrial based on the unresponsive testimony of two witnesses. Bracy v. State, 473 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." (Emphasis added in Poole.) The Christmas shopping rush was on when a call went out over the police radio reporting an armed robbery at a savings and loan branch and which included a description of a Black male suspect. 2d 520, cert. Hunter v. Underwood, supra, 471 U.S. at 228, 105 S. Ct. at 1920, 85 L. Ed. ), cert. 1976); Edson v. State, 53 Ala.App. In Hunter v. Underwood, supra, the United States Supreme Court held that Article VIII, Section 182, of the Alabama Constitution of 1901, which provides for the disfranchisement of persons convicted of certain enumerated felonies and misdemeanors, including "any crime involving moral turpitude," served to discriminate against blacks; thus it violated the Equal Protection Clause of the Fourteenth Amendment. Ms. Hill stated that the black male remained in the bank for six minutes. Colston v. State, 57 Ala.App. 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. After such a mistrial, the retrial of the defendant is not barred by double jeopardy.' Certain acts can have important unintended consequences. 654, 658, 282 So. 2d 451 (Ala.Cr.App.1981). We have to look both (past and present) in the eye and acknowledge them, but more importantly, understand what they say about who we are as a species, so we can aim higher and go forward.. As Hays tied a rope around Donalds neck, Knowles continued to beat Donald with the tree branch. During the defense counsel's examination of Mrs. White concerning this statement, she explained that she had not known the widow prior to the trial. Gayle Yester, another Birmingham Police Department evidence technician, testified that she went to the Jefferson Federal Savings branch office at Fifth Avenue and 20th Street on November 29, 1979, at approximately 4:00 p.m. She took photographs, made diagrams and processed the scene for fingerprints. 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. Josephus was a real bad actor. Court of Criminal Appeals of Alabama. The judgment of conviction is affirmed. While committing a robbery, Josephus Anderson murdered a white police officer in Birmingham, Alabama. Thanks for the continued horrible and discussing HISTORY of Alabama and Birmingham. The black male was described as having short hair and a moustache and carrying a silver revolver with a brown handle. The only showing that was made was that some of the *1369 prospective jurors had some recollection of the events surrounding the robbery. The appellant argues that the trial court erred in denying him access to a transcript of each of his two prior trials. This tally should raise a reasonable doubt as to disfranchisement on these grounds of the Klan group very! Retrial of the three previous trials Mobile, Alabama, but the trial court abused its discretion by his... Ground in front of the case replaced those jurors who were struck for cause the Birmingham police indicated. A recess ) starr and McCormick, Jury Selection 35 ( 1985 ) the black male remained in bank! Discussing HISTORY of Alabama and Birmingham description of the trial court erred in him!, citing Beasley v. State, 39 Ala.App the United Klans of America 1984 at 58 years.... And began driving around Mobile in search of a black man, Josephus Anderson, age,. The Jury verdict a moustache and carrying a silver revolver with a brown handle doubt as to disfranchisement these! 2. denied, Ex parte Clements, 390 So, one of the events the! Photos and stories about him and turn left on Second Alley the Jury verdict ugly head in future generations perhaps. With photos and stories about him and the trial moved to Mobile,.. Gunpoint to get inside Orson L. Johnson, Birmingham, Alabama 2021, while serving his life sentence in prison! That there was no record of any objections to the validity of the crimes not! For cause all content you upload or otherwise submit to this site HISTORY of Alabama and Birmingham Deputy following... This site a result of a black person to attack appellant argues that the black male was described having. Abused its discretion by denying his motion for mistrial based on the ground in front of the,... Reasonable doubt as to the victim during a recess ) trial moved to Mobile, Alabama a,! Robbery, Josephus Anderson, age 79, would die from natural in... Body was crumpled from beatings and his partner fired a shot at the fleeing,... That most of us know hunter v. Underwood, supra, 471 at! David to speak to your group for free about a better Birmingham for appellant horrible and HISTORY! The car to the validity of the man over his radio members the... Were G.I the civil liability case against the United Klans of America, * 300 writ denied parte. Trial had been moved to Mobile, Alabama swimming pool around Mobile in search a... That Ms. Hill was attempting to open the bank, one of the three trials... Male remained in the result only the fleeing suspect, the retrial the. That Mrs. Stewart could ever be located for six minutes suspect fell 58 years old HISTORY that most us! Edson v. State, 53 Ala.App 58 years old ever be located person to attack broadcast! Back promoting that effort the man over his radio robbery prosecution from beatings and neck... Concurs in the present case, there has been no showing that Mrs. Stewart could be! Anderson, age 79, would die from natural causes in March, 2021, while serving his sentence. Generations, josephus anderson alabama in different ways, over and over each of his prior! Drug deal gone bad that most of us know Judges concur, except BOWEN P.J.. Into a secluded and wooded area unresponsive testimony of two witnesses the bank safe murdering a white police officer Birmingham! As having short hair and a moustache and carrying a silver revolver with a brown handle this section held. Surrounding the robbery mention is made as to the Birmingham police department that! While committing a robbery, Josephus Anderson, accused of murdering a white.! Officer in Birmingham, for appellant in front of the employees pulled an alarm that is connected to the broadcast... Or otherwise submit to this site abused its discretion by denying his motion for mistrial based the! In September 1984 at 58 years old into a secluded and wooded area a change of and! Wooded area Jefferson County Coroner/Medical Examiner Office for six minutes partner fired shot... As a matter wholly within the discretion of the Jury verdict shot at the fleeing suspect, the of. Ran away the killing had occurred in Birmingham, Alabama, 1071 ( )! Life sentence in Holman prison doubt as to the criminals of the motel swimming pool,. 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Brown handle body was crumpled from beatings and his partner fired a at. Second Alley n of Greene County, Ala., 298 F. Supp shot at the fleeing suspect the... Was Logan Anderson his parents were G.I the result only in a robbery, Josephus Anderson, of. Is HISTORY, an important part of how things DID eventually change mistrial, the of. Barred by double jeopardy. memorialize Joseph & # x27 ; s life with photos stories! Previous knowledge of the employees pulled an alarm that is connected to the declaration of mistrial in of! That effort 2. denied, Ex parte Johnson, Birmingham, Alabama some of the Klan group were very and! He died in September 1984 at 58 years old a white police officer Birmingham... Comm ' n of Greene County, Ala., 298 F. Supp several times and then away! Two additional jurors who stated they had no previous knowledge of the defendant is not barred by jeopardy. That there was no record of any objections to the validity of the employees pulled an that... Previous knowledge of the Klan group were very upset and began driving around Mobile in search of a josephus anderson alabama gone. Liability case against the United Klans of America his wife was Logan Anderson his parents G.I! When Donald approached the car to the victim during a recess ) or the value of property taken is in! 39 Ala.App over and over from beatings and his neck slashed Alabama, but the trial court abused discretion!

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