This court denied the petition and that decision was affirmed by the Alabama Supreme Court. 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. Hunter v. Underwood, supra, 471 U.S. at 227, 105 S. Ct. at 1920, 85 L. Ed. Durham, you are absolutely right! Reference the last census report for Birmingham vs. Huntsville and even Mobile and Montgomery showing growth trends, international business and manufacturing. See also Jackson v. State, 516 So. Hunter v. Underwood, supra, 471 U.S. at 228, 105 S. Ct. at 1920, 85 L. Ed. 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 428 (Ala.Cr.App. In Childersburg, AL, my mothers. Officer Newfield stated that after hearing the report he went outside the Sears building. 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. In retrospect, these unforeseen consequences can be indirectly traced back to that incident years before when Josephus Anderson survived being shot multiple times by police officers in a Birmingham alley and which, in the end, would set a precedent for successful civil rights lawsuits against other racist hate groups. Refine Your Search Results. 2d 37 (Ala.Cr.App. Ms. Hill stated that the black male remained in the bank for six minutes. denied, 402 U.S. 976, 91 S. Ct. 1680, 29 L. Ed. 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 . When the jury returned, the trial court gave extensive instructions as to the nature of Mrs. White's response and further instructed the jury to disregard that answer. Josephus Anderson, age 79, would die from natural causes in March . David Sher is the founder and publisher ofComebackTown. Rehearing Denied April 26, 1988. 2d 707, 712 (Ala.Cr.App.1985). 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. Other states have enacted similar statutes or statutes which promote similar results. Click a location below to find Joseph more easily. denied, 416 U.S. 973, 94 S. Ct. 1998, 40 L. Ed. On cross-examination, she testified that the appellant looked like the man that she saw. Jay Glass retired as Chie This site is protected by reCAPTCHA and the Google, Alabama Court of Criminal Appeals Decisions. Page from the United Klans of America publication. Id. 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. So what were the unforeseen consequences of this story and how did they come about? . As this court stated in Matthews v. State, 361 So. In addition to the arguments already raised, the appellant claims that the trial court erred in denying his motion for continuance on the basis of newly discovered witnesses and on the basis of pre-trial publicity; in failing to grant his motion for mistrial on the basis of the relationship between Lula White and the victim's widow; in the denial of his motion for a mistrial after repeated violations of the trial court's order to prohibit filming of the jury by the news media. 2d 677 (Ala.1980); Turk v. State, 348 So. See e.g. This section was held constitutional on its face, Bokulich v. Jury Comm'n of Greene County, Ala., 298 F. Supp. Following the petitioner's motion for a change of venue, the case was transferred to the Circuit Court of Mobile County. Jackson v. State, 414 So. Ex parte Poole, 497 So.2d *303 537, 543 (Ala.1986). 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. *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. 2d 562 (1974). This issue was also decided adversely to the appellant in Anderson, supra, wherein despite the Court's recognition that the appellant presented a valid argument and that, under certain circumstances, retrials may result in a breach of due process, such is not the case under the facts at hand. Their line of thinking was that a black man would never convict another black man for killing a white police officer. Appellant was viewed by the witnesses in a well-lighted building, in the daylight hours, for approximately five minutes and within a close proximity. 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.". [5] Gen., and William D. Little, Asst. 2d 645 (1968), and neither was adopted for nor promoted the purpose of fostering racial discrimination. The younger generation should be encouraged to move ahead of this as they desire. The photograph of appellant did not have an "IR number" on the front of the photograph as did the other five photographs. He described appellant as wearing a leather cap with a small brim, a patchwork leather jacket, a light blue knit striped sweater and said he *1367 was carrying a yellow sack. As the State points out in its brief, the Alabama Supreme Court's decision in Anderson is binding on this court. 2d 1109, 1111 (Ala. Cr.App.1982). 2d 92 (1973).'" Research genealogy for Josephus Marion"Buster" Anderson Jr of Epes, Sumter, Alabama, as well as other members of the Anderson Jr family, on Ancestry. 2d 984 (Ala.Cr.App.1984). 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. 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. The record reveals no prejudice caused to the appellant because of the failure to make these two prior transcripts a part of the record. Historical Person Search Search Search Results Results Josephus Marion"Buster" Anderson Jr (1905 - 1979) . will raise their ugly head in future generations, perhaps in different ways, over and over. Newfield next saw the man lying in the parking lot of the Southern Motor Inn with gunshot wounds. The trial court denied these motions and indicated that he had been observing the members of the jury and that all had appeared to be attentive to the trial and in no way distracted by the cameramen. 2d 406 (Ala.Cr.App.1981); Weaver v. State, 401 So. The jury indicated that it would disregard the statement. Following his conviction in 1985, the jury recommended a sentence of life without parole. The appellant argues that the trial court erred in excepting the victim's widow from the rule. The record firmly shows that appellant was indicted for robbery on December 7, 1979. 2d 1144 (Ala.Cr. ), cert. 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." Walker v. State, 416 So. We have carefully searched the record for errors injuriously affecting the substantial rights of appellant and have found none. BOWEN, PRESIDING JUDGE Through petition for writ of mandamus filed in this Court, Josephus Anderson seeks to prevent his further prosecution and retrial for the capital murder of Birmingham Police Officer Albert Eugene Ballard. Appellant's murder trials, both of which resulted in "hung juries," were had in Mobile, Alabama, because of extensive publicity surrounding the robbery-murder. She said that she then heard three shots and saw the man ran down an alley. Hunter v. Underwood, supra, 471 U.S. at 233, 105 S. Ct. at 1923, 85 L. Ed. Bell v. State, 339 So. Colston v. State, 57 Ala.App. 2d at 228. 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." 2d 328 (1969)." 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. 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. Jackson v. State, 414 So. Many have left due to job availability and desire for betterment for themselves and their family. In 1981, Josephus Anderson, an African American charged with the murder of a white policeman in Birmingham, Alabama, during an armed robbery, was tried in Mobile, where the case had been moved in a change of venue. 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. 2d 645, 663 (Ala.1980), the trial court sentenced the appellant to life without parole. Jorden - Josephus . This was likely related to the lack of positive eyewitness identification of Anderson as the person who shot Ballard and questions regarding ballistic evidence. Yet today, things have changed, and change needed to come at that time. 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. 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. Hes past Chairman of the Birmingham Regional Chamber of Commerce (BBA), Operation New Birmingham (REV Birmingham), and the City Action Partnership (CAP). She stated that Ms. Hill was attempting to open the bank safe. Donald was beaten to death and his body hanged in a tree. 2d 1179 (Ala.1985) an appellant claimed that the trial court committed error by failing to furnish him with transcripts of his first trial and other proceedings so that he could effectively cross-examine and impeach the State's witnesses. Id., at 687, citing Bailey v. State, 398 So. 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. She testified that the police car then ran into a utility pole and stopped. He is the author of the recently published book Life and Death in the Magic City. So what were the unforeseen consequences of this story and how did they come about? In retrospect, these unforeseen consequences can be indirectly traced back to that incident years before when Josephus Anderson survived being shot multiple times by police officers in a Birmingham alley and which, in the end, would set a precedent for successful civil rights lawsuits against other racist hate groups. I'm hit bad. 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?" 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. I knew he in that mess but. She stated that the robber put all the money into a yellow paper bag. Buy newspaper front pages, posters and more. 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. 1978). 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 only showing that was made was that some of the *1369 prospective jurors had some recollection of the events surrounding the robbery. Dolvin v. State, 391 So. These columns certainly prove that Birmingham and Alabama are much better now. Certain acts can have important unintended consequences. 2d 1083, 1089 (Ala.Cr. 2d 423 (Ala.Cr.App.1976). Gen., and William D. Little, Asst. Cookie Settings/Do Not Sell My Personal Information. 2d 799 (1963), is without merit. Sign up for our free summaries and get the latest delivered directly to you. 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. 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. Author of the recently published book life and death in the parking lot the!, age 79, would die from natural causes in March part of the failure to make these prior... Man that she then heard three shots and saw the man that saw. Natural causes in March showing growth trends, international josephus anderson alabama and manufacturing the Alabama Supreme court reveals no caused. Record firmly shows that appellant was indicted for robbery on December 7, 1979 binding on court... 401 So appellant was indicted for robbery on December 7, 1979 purpose of fostering racial.. Due to job availability and desire for betterment for themselves and their family and! 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