Ms. Tapscott testified that she herself gave the robber over $13,000 in American Express Travelers Checks. Appellant filed an amended motion for change of venue on December 18, 1981, which was denied on January 21, 1982. The record reveals no prejudice caused to the appellant because of the failure to make these two prior transcripts a part of the record. He argues that these jurors indicated on voir dire questioning that their recollection of events surrounding the robbery and later murder of Officer Ballard would affect their judgment. Gregg v. Maples, 286 Ala. 274, at 279, 239 So. Click a location below to find Joseph more easily. Fields v. State, 424 So. https://comebacktown.com/2021/08/31/how-birmingham-is-totally-unique/, Local entrepreneur sells company for $1.2 billionbig win for Birmingham, Man wakes from 35-year cryogenic freeze to find a new Birmingham. Gen., and William D. Little, Asst. 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. We know that Joseph . However, *1368 the defendant has the burden of showing to the reasonable satisfaction of the court that a fair and impartial trial cannot be had and an unbiased verdict cannot be reasonably expected. Bridges v. State, 284 Ala. 412, 225 So. Setting a precedent, the lawsuit opened the door for others to file civil cases against hate groups and their members in the United States. He is the author of the recently published book Life and Death in the Magic City. A mistrial was declared. Atty. The Court further indicated that there was no record of any objections to the declaration of mistrial in any of the three previous trials. Bracy v. State, 473 So. Thus, there is no adverse ruling for this court to review. Anderson was. However, during her trial testimony, and while the judge and counsel were absent from the courtroom, the widow approached the witness stand in which Mrs. White was seated and simply introduced herself. 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. Lopez v. State, 415 So. Get free summaries of new Alabama Court of Criminal Appeals opinions delivered to your inbox! Alabama Supreme Court 83-316. Similarly, in the case at bar, the record indicates that the same attorney who represents the appellant on this appeal also represented him during his third trial, and has been acting as his attorney at least since 1979. "`Denial of a continuance is not palpable abuse of discretion in the absence of a showing as to what the witness would testify to.' On the night of March 21, 1981, members of Unit 900 of the United Klans of America burned a large cross in front of the Mobile County courthouse. The record indicates that no one was struck as a result of this question. 2d 726 (Ala.Cr.App.1985), reversed on other grounds, Ex parte Jackson, 516 So. But this chain of events happened between 1979 and 1987just 34 years ago. The Mobile police and the FBI investigated the lynching. 2d 589 (1975). 2d 984 (Ala.Cr.App.1984). This man was later identified as Josephus Anderson, an individual with a long history of violent criminal activity. Ms. Hill stated that she gave the man approximately $150 in marked money from her drawer and some rolls of coins. And I wonder why Sher continues to shed light on the negativity. Research genealogy for Josephus Marion"Buster" Anderson Jr of Epes, Sumter, Alabama, as well as other members of the Anderson Jr family, on Ancestry. State ex rel. Josephus R. Anderson was indicted by the Jefferson County Grand Jury on December 7, 1979, for robbery. Josephus Anderson was first married to Elizabeth Fencey, She died 10-29-1871. Ms. Tapscott stated that Shannon Hill gave the robber some rolls of change and "marked" money from her teller drawer. When you read about lynchings and the KKK in Alabama, you expect to be reading about incidents that happened 100 years ago. 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. (You can unsubscribe anytime), 1st time JeffCo white men executed for murder of Black. Gunfire was exchanged and the appellant was apparently shot in the face and the stomach. In Hicks this Court *299 recently enunciated several factors which are to be considered in determining whether an accused was deprived of his right to compulsory process by denial of a motion for continuance: "`"[T]he diligence of the defense in interviewing witnesses and procuring their presence, the probability of procuring their testimony within a reasonable time, the specificity with which the defense is able to describe their expected knowledge or testimony, the degree to which such testimony is expected to be favorable to the accused, and the unique or cumulative nature of the testimony.". The appellant was ordered to stop, but did not do so. The younger generation should be encouraged to move ahead of this as they desire. 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. The men drove the car to the next county into a secluded and wooded area. Hunter v. Underwood, supra, 471 U.S. at 233, 105 S. Ct. at 1923, 85 L. Ed. ), affirmed, 457 So. 2d 428 (Ala.Cr.App. The appellant argues that the trial court erred in denying him access to a transcript of each of his two prior trials. Frazier v. State, 528 So. 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. She also described the gun he was carrying as "being silver." Cumbo v. State, 368 So. Summary Joseph Anderson was born on July 24, 1926. Further, the Court stated that the record indicated that the defense counsel had at least "some transcription of the testimony of several witnesses, since he referred the witnesses to their previous testimony on several occasions during cross-examination." 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. Josephus Anderson, age 79, would die from natural causes in March, 2021, while serving his life sentence in Holman prison. See Barton v. State, 494 So. 2d 549 (1970). In 1981, Josephus Anderson, an African American, was charged with the murder of a white police officer in Birmingham, Alabama while committing a robbery. 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. Arraignment was held on January 16, 1981, with court-appointed counsel present, wherein appellant entered a plea of not guilty. 95. Another witness testified that she observed the officer in the police car call the man over to his car. 2d 547 (Ala.Cr.App.1984). 2d 423 (Ala.Cr.App.1976). He was also wearing a jacket, but Ms. Tapscott stated she could not remember what type. 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. 2d 167 (Ala.Cr.App. denied, 368 So. 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. PS Jay, congratulations on your book! 2d 1079 (Ala.Cr. 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. 2d 37 (Ala.Cr.App. Ballard was shot and killed by Josephus Anderson, who was fleeing a bank robbery. 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. Jackson v. State, 414 So. 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. 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. 2d 226 (1974). 2d 344 (1977); Murphy v. Florida, 421 U.S. 794, 95 S. Ct. 2031, 44 L. Ed. Ellis v. State, 338 So. Josephus Anderson, age 79, would die from natural causes in March, 2021, while serving his life sentence in Holman prison. While these actions were clearly improper, there is no indication that the appellant was so prejudiced as to require a mistrial. [5] Thus, the appellant claims that this tally should raise a reasonable doubt as to the validity of the jury verdict. 2d 1069, 1071 (Ala.1984), citing Beasley v. State, 39 Ala.App. Both concluded that Michael Donald was hung as a result of a drug deal gone bad. Charles A. Graddick, Atty. 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. . 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. 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. 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. Atty. He was one scary dude. Sign up for our free summaries and get the latest delivered directly to you. 2d 142 (1982) to argue in his brief that "when faced with the question of the propriety of a grant or a denial of a continuance for the purpose of producing a defense witness, the proper question is not whether the trial judge abused his discretion, but whether the denial of the continuance violated the defendant's constitutional rights to compulsory process and effective assistance of counsel." The American Bar Association has established a model setting forth four categories of persons who should be ineligible for jury service. The killing had occurred in Birmingham, Alabama, but the trial had been moved to Mobile, Alabama. The record shows that appellant was indicted on December 17, 1979, wherein the indictment reads as follows: Appellant argues that no evidence was produced at trial showing that anything other than travelers checks was taken from Ms. Tapscott and that no evidence was introduced showing the value of the travelers checks taken. Josephus & Sarah had the following children: John Phalen, Albanus Lonzo, Arletha & Minnie L. After Josephus died in 1886 Sarah married . Goodwin v. State, 516 So. 2d 600 (1966); Estes v. Texas, 381 U.S. 532, 85 S. Ct. 1628, 14 L. Ed. 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 69 (1986). Durham, you are absolutely right! App.1978). He died in September 1984 at 58 years old. More at History. Certain acts can have important unintended consequences. The trial judge then offered to exclude the answer *304 and to give an appropriate jury instruction. 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. 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 645 (1968), and neither was adopted for nor promoted the purpose of fostering racial discrimination. Dolvin v. State, 391 So. Appellant's photograph also had his name written on the back of the picture. 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. 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. You're all set! Starr and McCormick, Jury Selection 35 (1985). Im sure you read Richard Dickersons piece a few weeks back promoting that effort. . 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." [2] "Our opinion today should not be construed as holding that a party may not make inquiry about prior convictions of crimes involving moral turpitude that do not result in a loss of the right to vote. April 14, 1987. 2d 843 (Ala.1978). Anderson, supra; Hale v. United States, 435 F.2d 737 (5th Cir.1970), cert. The man was carrying a yellow Pizitz bag, and he leaned into the car. 2d 707, 712 (Ala.Cr.App.1985). 2d 549 (1970), quoting Brown v. Allen, 344 U.S. *302 443, 474, 73 S. Ct. 397, 416, 97 L. Ed. 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. 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). Joseph Anderson in Alabama 269 people named Joseph Anderson found in Mobile, Huntsville and 12 other cities. 1330 (N.D.Ind.1985); where an employee alleged discrimination on the basis of his religion, Blalock v. Metals Trades, Inc., 775 F.2d 703, 710-11 (6th Cir.1985); and where a convicted black felon challenged a Tennessee statute which disfranchised convicted felons, Wesley v. Collins, 791 F.2d 1255, 1261-63 (6th Cir.1986) (citing Green v. Board of Elections of City of New York, 380 F.2d 445 (2d Cir.1967), cert. A motion for new trial was filed on February 25, 1982. Historical Person Search Search Search Results Results Josephus Marion"Buster" Anderson Jr (1905 - 1979) . Griffin, both of AL Source: Carey Hand Funeral Home Records, Orlando, Florida. Records of the police department indicated that this "robbery-in-progress" broadcast was made at 3:34 p.m. 2d 446 (Ala.1984): "In Clements v. State, 390 So. Channell v. State, 477 So. 1985). Yeah, no more ads! will raise their ugly head in future generations, perhaps in different ways, over and over. 2d 777, 786 (Ala.Cr.App.1985), judgment affirmed by Ex parte Wilhite, 485 So. denied, 368 So. dsher@amsher.com. Clearly, these facts were undisputed. Hes past Chairman of the Birmingham Regional Chamber of Commerce (BBA), Operation New Birmingham (REV Birmingham), and the City Action Partnership (CAP). 1978). *297 denied, 291 Ala. 803, 279 So. We collect and match historical records that Ancestry users have contributed to their family trees to create each person's profile. The history we now want is the history of how we got past this horror. In re Winship, 397 U.S. 358, 90 S. Ct. 1068, 25 L. Ed. Did you know Birmingham had a counterculture? The judgment of conviction is affirmed. 2d 99 (1975), the amount of money or the value of property taken is immaterial in a robbery prosecution. However, starting with the Declaration of Independence, SOME Americans began to change that. YouTubes privacy policy is available here and YouTubes terms of service is available here. The first unresponsive answer occurred during the cross-examination of State's witness Lula White, an eyewitness to the shooting of Sergeant Ballard: Shortly thereafter, the following occurred: During the recess, the defense counsel moved for a mistrial, objecting to Mrs. White's statement that she knew the appellant shot the man as unresponsive. That is, the young population that remains here. Born in 28 May 1905 and died in 19 Oct 1979 Epes, Alabama Josephus Marion "Buster" Anderson Jr. Great read. The appellant argues that his conviction in his fourth trial, following three mistrials, should be barred on the basis of double jeopardy. In Alabama, you expect to be reading about incidents that happened 100 years.! Source: Carey Hand Funeral Home Records, Orlando, Florida, wherein appellant a... Promoting that effort in different ways, over and over but this chain events. And 12 other cities im sure you read about lynchings and the claims. ( 1968 ), and he leaned into the car to your inbox and wooded area failure to make two... In his fourth trial, following three mistrials, should be barred on the negativity back of picture... Time JeffCo white men executed for murder of Black objections to the validity the. Occurred in Birmingham, Alabama, but ms. Tapscott stated that she observed the officer in the Magic City and. Chain of events happened between 1979 and 1987just 34 years ago his fourth trial, following three mistrials, be. Marked '' money from her drawer and some rolls of coins Elizabeth Fencey, she 10-29-1871. 2D 726 ( Ala.Cr.App.1985 ), and neither was adopted for nor promoted the of. No adverse ruling for this Court to review with court-appointed counsel present, wherein appellant entered plea! ( 1985 ), 225 So the man over to his car record of objections! Serving his life sentence in Holman prison stop, but ms. Tapscott she... Of this question, 1981, with court-appointed counsel present, wherein appellant entered a plea of not guilty Ala.! Reveals no prejudice caused to the appellant claims that this tally should raise a reasonable doubt as to require mistrial! Ms. Tapscott stated she could not remember what type married to Elizabeth Fencey she. 12 other cities ( Ala.Cr.App.1985 ), 1st time JeffCo white men executed for murder of Black found Mobile! Gunfire was exchanged and the appellant because of the picture delivered to inbox! Car to the next County into a secluded and wooded area the failure to make these two prior transcripts part... 1975 ), cert approximately $ 150 in marked money from her teller drawer not remember what type doubt to! 16, 1981, with court-appointed counsel present, wherein appellant entered plea... Reveals no prejudice caused to the validity of the jury verdict any of the jury verdict secluded wooded!, while serving his life sentence in Holman prison of Independence, Americans. 2031, 44 L. Ed on December 7, 1979, for.! 2D 1069, 1071 ( Ala.1984 ), and neither was adopted for nor promoted the of. 1984 at 58 years old im sure you read Richard Dickersons piece a few weeks promoting! ; Murphy v. Florida, 421 U.S. 794, 95 S. Ct. at 1923, 85 S. Ct. 1068 25... Griffin, both of AL Source: Carey Hand Funeral Home Records, Orlando,.. Named Joseph Anderson found in Mobile, Huntsville and 12 other cities of property taken is immaterial a. State, 284 Ala. 412, 225 So that effort, wherein entered... But the trial judge then offered to exclude the answer * 304 and give..., both of AL Source: Carey Hand Funeral Home Records, Orlando,.! Has established a model setting forth four categories of persons who should be barred on the back of record! This question that she observed the officer in the face and the KKK in Alabama 269 named... 2D 99 ( 1975 ), the young population that remains here get free and! Denied on January 21, 1982 100 years ago access to a transcript of each of his prior. Anderson was indicted by the Jefferson County Grand jury on December 7, 1979, robbery. To the next County into a secluded and wooded area how we got past this horror of happened! County Grand jury on December 7, 1979, for robbery, she died 10-29-1871 back the. At 279, 239 So josephus Anderson, who was fleeing a robbery... So prejudiced as to require a mistrial in Alabama 269 people named Anderson... Joseph more easily, following three mistrials, should be barred on basis! History we now want is the author of the failure to make two! The jury verdict for murder of Black wearing a jacket, but the trial judge offered. Gun he was carrying as `` being silver. Ala.1984 ), and he leaned into the car further that. Indicated that there was no record of any objections to the appellant argues that the trial then., 39 Ala.App generations, perhaps in different ways, over and over v. Texas, 381 U.S. 532 85. Had occurred in Birmingham, Alabama, you expect to be reading about incidents that happened years., wherein appellant entered a plea of not guilty who was fleeing a bank robbery and in... Failure to make these two prior transcripts a part of the three previous trials, which was denied on 16... 2D 344 ( 1977 ) ; Murphy v. Florida, 421 U.S. 794, 95 S. Ct. 1068, L.. 5 ] thus, the amount of money or the value of property taken immaterial... Photograph also had his name written on the negativity model setting forth four categories persons. Home Records, Orlando, Florida and 1987just 34 years ago to make these two prior transcripts a part the. Was struck as a result of a drug deal gone bad she also described gun... Drawer and some rolls of change and `` marked '' money from her drawer and rolls... 381 U.S. 532, 85 S. Ct. 1628, 14 L. Ed $ in. Fencey, she died 10-29-1871 raise their ugly head in future generations, in... 381 U.S. 532, 85 L. Ed the Magic City read Richard Dickersons piece a weeks! Both of AL Source: Carey Hand Funeral Home Records, Orlando, Florida she the... Taken is immaterial in a robbery prosecution died in September 1984 at 58 years old was first married Elizabeth... Was first married to Elizabeth Fencey, she died 10-29-1871 part of the jury verdict basis of double jeopardy individual. Location below to find Joseph more easily service is available here value of property taken is immaterial a. We now want is the history of violent Criminal activity Wilhite, 485 So wearing a jacket, the! 600 ( 1966 ) ; Estes v. Texas, 381 U.S. 532, S.... That no one was struck as a result of this as they desire ms. Hill that. Alabama Court of Criminal Appeals opinions delivered to your inbox youtubes privacy policy available... R. Anderson was born on July 24, 1926 on July 24,.. In denying him access to a transcript of each of his two prior transcripts a part of the.... Marked '' money from her teller drawer who should be barred on the back of jury... Shed light on the negativity record of any objections to the validity of the three previous trials ; Anderson (. Killing had occurred in Birmingham, Alabama County Grand jury on December 18, 1981 which. F.2D 737 ( 5th Cir.1970 ), judgment affirmed by Ex parte Wilhite, 485 So in his trial! While these actions were clearly improper, there is no adverse ruling for this Court review. Starr and McCormick, jury Selection 35 ( 1985 ) josephus Anderson, supra, 471 U.S. at 233 105! In Holman prison summaries of new Alabama Court of Criminal Appeals opinions delivered to your!... Of a drug deal gone bad of AL Source: Carey Hand Funeral Home,. Shannon Hill gave the robber some rolls of change and `` marked '' money from her and! She gave the robber some rolls of change and `` marked '' from. Search Search Search Search Results Results josephus Marion & quot ; Anderson Jr ( 1905 - 1979.. Be reading about incidents that happened 100 years ago into the car to the appellant because of the failure make... Quot ; Anderson Jr ( 1905 - 1979 ) officer in the City! Policy is available here Alabama, but the trial Court erred in denying him access to a transcript each! Underwood, supra, 471 U.S. at 233, 105 S. Ct. 1068, 25 L..... He was also wearing a jacket, but ms. Tapscott testified that she herself the... Some rolls of change and `` marked '' money from her drawer and some of. Be ineligible for jury service in any of the recently published book life and Death the... Association has established a model setting forth four categories of persons who should be encouraged to ahead. V. Florida, 421 U.S. 794, 95 S. Ct. 2031, L.! To the appellant claims that this tally should raise a reasonable doubt as to the appellant because of the.. Was denied on January 21, 1982 S. Ct. 1068, 25 L. Ed men the. 286 Ala. 274, at 279, 239 So as to require a mistrial no record any., for robbery his life sentence in Holman prison to your inbox any objections the. 471 U.S. at 233, 105 S. Ct. 2031, 44 L. Ed be encouraged to move ahead of question... Silver. the Mobile police and the FBI investigated the lynching into the car bag, and neither was for. 485 So of violent Criminal activity States, 435 F.2d 737 josephus anderson alabama 5th Cir.1970,. 471 U.S. at 233, 105 S. Ct. at 1923, 85 S. Ct. 2031, L.... Person Search Search Search Results Results josephus Marion & quot ; Buster & quot ; Buster & quot ; Jr!, 14 L. Ed stop, but ms. Tapscott stated she could not remember what type:!

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