So what were the unforeseen consequences of this story and how did they come about? 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. Since jurors in Arizona must be electors, convicted felons cannot serve as jurors since they cannot vote, unless their civil rights are restored." "`In determining the sufficiency of the evidence to sustain the conviction, this Court must accept as true the evidence introduced by the State and accord the State all legitimate inferences therefrom. 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. 521 (1940). The man was carrying a yellow Pizitz bag, and he leaned into the car. Ellis v. State, 338 So. 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. All rights reserved (About Us). Hays and Knowles motioned to ask Donald directions to a night club. 2d 707, 712 (Ala.Cr.App.1985). See also Beauregard v. State, 372 So. 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. Jorden - Josephus . Channell v. State, 477 So. Id. Fields v. State, 424 So. She testified that the police car then ran into a utility pole and stopped. 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." History itself is proof of this. 2d at 228, quoting the Court of Appeals' finding at 730 F.2d 620. will raise their ugly head in future generations, perhaps in different ways, over and over. In 1981, Josephus Anderson, an African American, was charged with the murder of a white police officer in Birmingham, Alabama while committing a robbery. An example of such a profound delayed effect with far-reaching social ramifications would have its origin in downtown Birmingham on the afternoon of November 29th, 1979 in front of Newberrys in the 200 block of 20th Street North. Lord, help me. A mistrial was declared. Andersons lawyers were granted a change of venue and the trial moved to Mobile, Alabama. So what were the unforeseen consequences of this story and how did they come about? Atty. Gen., Patricia E. Guthrie, Asst. More at History. 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?" Thanks for the continued horrible and discussing HISTORY of Alabama and Birmingham. 2d 549 (1970), quoting Brown v. Allen, 344 U.S. *302 443, 474, 73 S. Ct. 397, 416, 97 L. Ed. 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. Charles A. Graddick, Atty. 2d 1312 (Ala.Cr.App.1985), and no showing of a discriminatory intent, the appellant's claim is without merit. Rhoden Josephus Living in 62 Anderson Street Talladega Alabama, Phone: 256-358-7224, Email: josephus5219@gmail.com, Relatives: Available. Did you know Birmingham had a counterculture? We have carefully searched the record for errors injuriously affecting the substantial rights of appellant and have found none. Jay Glass retired as Chief Deputy Coroner following 35 years of service with the Jefferson County Coroner/Medical Examiner Office. When you read about lynchings and the KKK in Alabama, you expect to be reading about incidents that happened 100 years ago. The evidence is clear that both witnesses based their identification of the appellant on their recollection of the events surrounding the robbery and observations thereof. Officer Newfield testified that he then ran in the direction of the sound of the gunshots which led him to the Southern Motor Inn Motel. Memorial has been sponsored successfully. Freeman v. State, 505 So. The body was left hanging from a tree in a mixed-race neighborhood in Mobile. 2d 589 (1975). 2d 1014 (Ala.Cr.App.1982). 2d 368 (1970). 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. 2d 547 (Ala.Cr.App.1984). 2d 713, 716 (Ala.Cr.App.1985). App.1984) (wherein a juror was observed talking to the victim during a recess). After a hearing on March 25, 1982, said motion was denied. 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. There she assisted Officer Bearden record the serial numbers of the money and travelers checks that had been recovered from appellant. 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. Two members of the Klan group were very upset and began driving around Mobile in search of a black person to attack. Ms. Tapscott identified two of the State's exhibits as the pistol and the sweater that the man was wearing. The Supreme Court in Hunter determined that 182 was unconstitutional under the following guidelines for analysis. Anderson, supra; Hale v. United States, 435 F.2d 737 (5th Cir.1970), cert. 2d 173, 176 (Ala. Cr.App.1983). 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 . Appellant's contention that he was denied his right to counsel for state criminal prosecutions as established by Gideon v. Wainwright, 372 U.S. 335, 83 S. Ct. 792, 9 L. Ed. Until i researched. Page from the United Klans of America publication. The American Bar Association has established a model setting forth four categories of persons who should be ineligible for jury service. The defense counsel introduced newspaper articles to support his claim. "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." 21-201, Code of Arizona, which requires that "[e]very juror, grand and trial, shall be an elector in the county." Appellant was viewed by the witnesses in a well-lighted building, in the daylight hours, for approximately five minutes and within a close proximity. 363, 279 So. 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. 2d 871, 874 (Ala.Cr.App.1978), cert. Do you know that the majority of our younger citizens want to move forward and desire to look toward a future of prosperity for all? 2d 69 (1986). He died in September 1984 at 58 years old. 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. 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 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. Id. denied, 295 Ala. 398, 325 So. dsher@amsher.com. denied, Ex parte Clements, 390 So. 2d 774 (1966). Hunter v. Underwood, supra, 471 U.S. at 233, 105 S. Ct. at 1923, 85 L. Ed. The appellant argues that his conviction in his fourth trial, following three mistrials, should be barred on the basis of double jeopardy. Bracy v. State, 473 So. Records of the police department indicated that this "robbery-in-progress" broadcast was made at 3:34 p.m. Alabama 36108 . Following the petitioner's motion for a change of venue, the case was transferred to the Circuit Court of Mobile County. 2d 1136 (Ala. 1980), the court held that `a jury's inability to agree either on a verdict or punishment is a proper reason for the declaration of a mistrial. 2d 1173 (Ala.1979). Born in 25 Sep 1861 and died in 15 Jul 1927 Epes, Alabama Josephus Marion Anderson I Skip to main content Home Memorials Cemeteries Famous Contribute Register Sign In Register Sign In Memorial updated successfully. Jay Glass retired as Chief Deputy Coroner following 35 years of service with the Jefferson County Coroner/Medical Examiner Office. The appellant contends that the trial court abused its discretion in denying his request for a continuance in order to locate and interview newly discovered witnesses. Built it back .. , Your email address will not be published. PS Jay, congratulations on your book! Following his conviction in 1985, the jury recommended a sentence of life without parole. 182, 96 So. Carter v. Jury Comm'n, 396 U.S. 320, 332-33, 90 S. Ct. 518, 525, 24 L. Ed. Click a location below to find Joseph more easily. 200 block 19th Street.". 2d 697, 699 (Ala.Cr.App.1982)." While the direction of their energy may have been unpleasant, it is a fact that is a part of our past, as well as our education about where we lived and what was going on. This man was later identified as Josephus Anderson, an individual with a long history of violent criminal activity. Certain acts can have important unintended consequences. State ex rel. Hunter v. Underwood, supra, 471 U.S. at 231, 105 S. Ct. at 1922, 85 L. Ed. This site is protected by reCAPTCHA and the Google, Alabama Court of Criminal Appeals Decisions. Police officers chased Anderson into an alley at Third Avenue and 13th Street North where a gun battle ensued and Anderson was shot multiple times and captured. Mrs. White testified that aside from the introduction, nothing else occurred. Furthermore, under 15-14-55, Code of Alabama (1975), "A victim of a criminal offense shall be exempt from the operation of rule of court, regulation, or statute or other law requiring the separation or exclusion of witnesses from court in criminal trials or hearings." The men drove the car to the next county into a secluded and wooded area. The Court further indicated that there was no record of any objections to the declaration of mistrial in any of the three previous trials. The case was filed in the federal court in the Southern District of Alabama. Clearly, these facts were undisputed. (Opt out at any time). 2d 1014 (Ala.Cr.App.1982). He was also wearing a jacket, but Ms. Tapscott stated she could not remember what type. 654, 658, 282 So. Approximately six other police officers were involved in the apprehension of the appellant. It is clear that the appellant has not made the requisite showing in order to prove that he was deprived of his right to compulsory process as a result of a denial of his motion for continuance. 47 Am.Jur.2d Jury 102 (1969). Officer Newfield stated that after hearing the report he went outside the Sears building. 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 petitioner was charged under 13-11-2 (a) (5), Alabama Code 1975. What wasnt brought out in the article was the fact that the gun recovered from him was taken from a bank guard in Atlanta that he killed during a robbery. Charles A. Graddick, Atty. 2d 877 (Ala.1979). Id. These columns certainly prove that Birmingham and Alabama are much better now. Memorialize Joseph's life with photos and stories about him and the Anderson family history and genealogy. The younger generation should be encouraged to move ahead of this as they desire. When you read about lynchings and the KKK in Alabama, you expect to be reading about incidents that happened 100 years ago. 2d 877 (Ala.1979); Scruggs v. State, 359 So.2d *296 836, 842 (Ala.Cr.App. As to the argument regarding the filming of the jury, the record indicates that on approximately six occasions, photographers appeared either in the two windows (approximately four inches wide and 36 inches long) in the courtroom or in the doorway in order to take pictures. When an in-court identification is shown to have a basis independent of any pretrial identification or confrontation, it is properly admitted into evidence. 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. 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