Circuit Judge Susan Jordan sentenced Josephus Anderson, 27, Wednesday, March 27, to serve three to 30 years in prison for one felony count of perjury to run concurrently with his current. There his beaten body hung from the tree until all life left it. 2d 877 (Ala.1979). 2d 1079 (Ala.Cr. 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). Following Defendant's conviction, the cumulative vote total was still twenty-seven for acquittal, twenty-one for conviction." 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. Other states have enacted similar statutes or statutes which promote similar results. 2d 531 (1975). The defense counsel introduced newspaper articles to support his claim. She testified that the man reached into a bundle which he was carrying and pulled something out. He stated that he heard a communication over his police radio regarding the robbery at approximately 3:55 p.m. Obviously you care a lot about Birminghamas do I. I think its important we keep talking. 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." Hunter v. Underwood, supra, 471 U.S. at 233, 105 S. Ct. at 1923, 85 L. Ed. A court may not, however, refuse to grant a reasonable continuance for the purpose of obtaining defense witnesses where it has been shown that the desired testimony would be relevant and material to the defense. 2d 1204 (Ala.Cr.App.1982). 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. 2d 878,880 (Ala.Cr.App. 2d 777, 786 (Ala.Cr.App.1985), judgment affirmed by Ex parte Wilhite, 485 So. Look forward to reading it. After Hunter, an individual in Alabama can no longer be disfranchised because he has been convicted of a crime involving moral turpitude, unless the crime punishable by imprisonment in the penitentiary. That above rule "clearly applies to cases where the continuance is sought due to an absent witness." Memorialize Joseph's life with photos and stories about him and the Anderson family history and genealogy. He was also wearing a jacket, but Ms. Tapscott stated she could not remember what type. Following the petitioner's motion for a change of venue, the case was transferred to the Circuit Court of Mobile County. 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."). This section was held constitutional on its face, Bokulich v. Jury Comm'n of Greene County, Ala., 298 F. Supp. 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. State ex rel. More Information on this Page. During voir dire examination of witnesses Tapscott and Hill outside the presence of the jury, each was asked if she had an independent recollection of the description of the robber without having seen any photographs. Sign up for our free summaries and get the latest delivered directly to you. Both witnesses replied that they recalled what the robber looked like *1370 by viewing him during the robbery of the bank rather than from viewing any photographs. During that trial, a Klan member testified that the motive for the murder of Donald was that The Klan wanted the message to get back to the black people of not just Alabama, but the whole United States, that we would not stand for a black person killing a white police officer and getting away with it. Mrs. Donald won a $7 million judgement against the United Klans of America which bankrupted the organization, effectively leading to the cessation of Ku Klux Klan operations in Alabama. This site is protected by reCAPTCHA and the Google, Alabama Court of Criminal Appeals Decisions. 2d 446 (Ala.1984). After two mistrials in the homicide case, the Jefferson County District Attorney's office proceeded with the robbery charge against appellant and the Honorable Orson L. Johnson was appointed on January 16, 1981, to represent appellant in this cause. 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. 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. 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 . 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. Ms. Hill stated that she gave the man approximately $150 in marked money from her drawer and some rolls of coins. Certain acts can have important unintended consequences. The jury was unable to reach a verdict on the sentence and, pursuant to Beck v. State, 396 So. On December 11, 1979, Ms. Tapscott and Ms. Hill were shown six photographs, one of which was appellant's. We know that Joseph . The case was filed in the federal court in the Southern District of Alabama. Anderson was. He died in September 1984 at 58 years old. Bracy v. State, 473 So. But this chain of events happened between 1979 and 1987just 34 years ago. As a high school student at Banks HS during those years and a Freshman, I vividly remember how terrified we were when we were directed to got down in the floor, under shelter of our desks, as a large, angry crowd of African Americans approached in an effort to demonstrate against segregation, and yes, we were terrified. Griffin, both of AL Source: Carey Hand Funeral Home Records, Orlando, Florida. Officer Middleton stated that he approached the fallen suspect and took the pistol out of his hand. He is the author of the recently published book Life and Death in the Magic City. 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. Ala.Code 15-2-20 (1975). This was likely related to the lack of positive eyewitness identification of Anderson as the person who shot Ballard and questions regarding ballistic evidence. 2d 1018,1020 (Ala.Cr.App.1986). Looking back to the history of the 1901 Alabama Constitutional Convention, the Supreme Court determined "that discrimination against blacks, as well as against poor whites, was a motivating factor for the provision and that 182 certainly would not have been adopted by the Convention or ratified by the electorate in the absence of the racially discriminatory motivation." Willingham v. State, 50 Ala.App. Were we to find prejudice in this case, we would have to totally disregard the presumption in favor of the trial court's ruling and resort to speculation. 95. Based on the evidence presented by the State, a jury could have reasonably concluded that every reasonable hypothesis except guilt was eliminated. Mr. Anderson was an eight month resident of the area when he died at his home, 623 N. Thornton St of coronary heart disease and nephritis. 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. Officer Middleton testified that he saw the fleeing man pull out a gun so he jumped out of the patrol car. "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. 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." 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. In 1987, Donalds mother, Beulah Mae Donald, brought a wrongful death lawsuit against the United Klans of America. I understand the desire to turn away from the darkness of history, but to do that is to deny truth in terms of what we are capable of (both the good and the ugly). The men drove the car to the next county into a secluded and wooded area. 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. Skip Ancestry main menu Main Menu. Josephus Dekoning currently lives in Anderson, AL; in the past Josephus has also lived in Orland Park IL, Monee IL and Steger IL. 1347, 1358 (M.D.Ala.1986); where a black nurse filed a discrimination suit against a hospital on the basis of adverse employment decisions, Davis v. State University of New York, 802 F.2d 638, 644-45 (2d Cir.1986); where minority police officers brought a civil rights action alleging employment discrimination, Minority Police Officers Association v. City of South Bend, 617 F. Supp. The police records showed that a radio transmission was made at 3:49 which stated, in substance, "Oh me, 200 block. PS Jay, congratulations on your book! Furthermore, both witnesses gave accurate, detailed descriptions of the appellant immediately after the robbery occurred. Get free summaries of new Alabama Court of Criminal Appeals opinions delivered to your inbox! While committing a robbery, Josephus Anderson murdered a white police officer in Birmingham, Alabama. 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). 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." [1] "`The registrars' expert estimated that by January 1903 182 had disfranchised approximately ten times as many blacks as whites. Sign up for our free summaries and get the latest delivered directly to you. 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. Officer Middleton testified that he pulled up beside a person at Second Alley and 13th Street who fit the description of the robbery suspect which he heard over the radio. 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.. Josephus Anderson, age 79, would die from natural causes in March, 2021, while serving his life sentence in Holman prison. And. Josephus ANDERSON v. STATE. Birmingham is dyinga rebuttal to an editorial, Hope for Birmingham hikers, bikers, and runners. Hes past Chairman of the Birmingham Regional Chamber of Commerce (BBA), Operation New Birmingham (REV Birmingham), and the City Action Partnership (CAP). Notify me of follow-up comments by email. Frazier v. State, 528 So. A black man, who was tall and wore a long coat which was either black or dark brown, walked out to the police car. The judge stated: We view this as a matter wholly within the discretion of the trial court. Poole v. State, supra, at 545. Newfield next saw the man lying in the parking lot of the Southern Motor Inn with gunshot wounds. Davis v. State, 457 So. (Citations omitted.) Thats just the evolution of life. Thanks for the continued horrible and discussing HISTORY of Alabama and Birmingham. There has been no showing made as to the expected testimony of either witness, or as to "the nature and materiality of the evidence sought" of those witnesses. 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. 2d at 231. Yeah, no more ads! 2d at 230. Can Birmingham become an entrepreneurial city? The appellant argues that the trial court erred in denying him access to a transcript of each of his two prior trials. Anderson's case was moved from Birmingham to Mobile, Alabama in a change of venue. BOWEN, Presiding Judge. The trial judge then offered to exclude the answer *304 and to give an appropriate jury instruction. 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 history we now want is the history of how we got past this horror. 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