josephus anderson alabama

William, I very much appreciate you following ComebackTown and for your feedback. 4, 325 So. 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. Obviously you care a lot about Birminghamas do I. I think its important we keep talking. Chrysler Credit Corp. v. McKinney, 456 So. 2d 423 (Ala.Cr.App.1976). When Donald attempted to escape by running away, he was caught and beaten with a tree branch. Josephus ANDERSON v. STATE. She testified that she then heard three shots and observed the man whirl around with a gun. 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. In re Winship, 397 U.S. 358, 90 S. Ct. 1068, 25 L. Ed. Donald was beaten to death and his body hanged in a tree. 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? Willingham v. State, 50 Ala.App. Gregg v. Maples, 286 Ala. 274, at 279, 239 So. 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 . Ala.Code 15-2-20 (1975). Thats just the evolution of life. David Shers ComebackTown giving voice to the people of Birmingham & Alabama. Thus, the appellant claims that this tally should raise a reasonable doubt as to the validity of the jury verdict. Sergeant Albert Eugene Ballard, the victim, was in uniform on the day in question. 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. Because of the untimeliness of the objection and the trial court's action in instructing the jurors, the appellant's motion was properly denied. 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. This man was later identified as Josephus Anderson, an individual with a long history of violent criminal activity. 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. That is, the young population that remains here. 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). All rights reserved (About Us). Josephus & Sarah had the following children: John Phalen, Albanus Lonzo, Arletha & Minnie L. After Josephus died in 1886 Sarah married . Gast v. State, 232 Ala. 307, 310, 167 So. App.1986). 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." The killing had occurred in Birmingham, Alabama, but the trial had been moved to Mobile, Alabama. Clearly, these facts were undisputed. at 1185. Ms. Tapscott identified two of the State's exhibits as the pistol and the sweater that the man was wearing. Jill Tapscott, branch manager of Jefferson Federal Savings and Loan on Fifth Avenue in downtown Birmingham, Alabama, testified that, on November 29, 1979, she was working at the branch office along with Shannon Hill and Jane Baird. We cant rewrite OR I write that history. Officer R.E. And. 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). Fields v. State, 424 So. 2d 549 (1970). When you read about lynchings and the KKK in Alabama, you expect to be reading about incidents that happened 100 years ago. Absent a showing of actual prejudicial influence on the jury, the trial court's denial of a motion for continuance will not be reversed. Subsequently, the prosecutor sent the defense counsel a copy of a tape recording of a conversation between Ms. Johnson and a member of the Birmingham police force. Durham, you are absolutely right! 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. 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. Furthermore, defense counsel and the district attorney stipulated that twenty seven jurors were questioned individually outside the presence of the other jurors concerning their recollection of any publicity surrounding the case. 2d 677 (Ala.1980); Turk v. State, 348 So. Although the Court in Poole related the holding in Hunter only to the particular appellant in that case, it is clear that the Court's interpretation as to the interplay between that code section and the relevant constitutional code section in Hunter results in a disqualification of jurors only where they have been convicted of crimes involving moral turpitude which are punishable by imprisonment in the penitentiary and, on that basis, have lost their right to vote. Click a location below to find Joseph more easily. 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. Greg Bearden, an evidence technician with the Birmingham Police Department, testified that he collected money and travelers checks from the scene where appellant was apprehended. Josephus Dekoning currently lives in Anderson, AL; in the past Josephus has also lived in Orland Park IL, Monee IL and Steger IL. Upon calling him over to his car, Anderson leaned into the vehicle and shot Ballard several times and then ran away. State ex rel. denied, 389 U.S. 1048, 88 S. Ct. 768, 19 L. Ed. Frazier v. State, 528 So. Id. As the appellant points out in his brief, the United States Supreme Court has held that due process protects a defendant against conviction unless there is proof beyond a reasonable doubt. 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. In proposing steps for implementation of its standards, the American Bar Association suggests that "a statutory requirement of `good moral character' may be interpreted to mean no felony conviction or the restoration of civil rights following such a conviction." April 14, 1987. 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. Skip Ancestry main menu Main Menu. 2d 446 (Ala.1984): "In Clements v. State, 390 So. 2d 777, 786 (Ala.Cr.App.1985), judgment affirmed by Ex parte Wilhite, 485 So. 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. 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. Find Josephus Anderson's phone number, address, and email on Spokeo, the leading online directory for contact information. 500 So. 1 Div. 2d 451 (Ala.Cr.App.1981). Hunter v. Underwood, supra, 471 U.S. at 233, 105 S. Ct. at 1923, 85 L. Ed. In 1987, the jury awarded $7 million in the wrongful-death case to the Donald family. 2d 96 (Ala.Cr.App.1976). Josephus Anderson was first married to Elizabeth Fencey, She died 10-29-1871. 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 appellant argues that his conviction in his fourth trial, following three mistrials, should be barred on the basis of double jeopardy. Eventually, Hays and Knowles were convicted of the murder of Michael Donald. As such, it violates equal protection under Arlington Heights." Appellant argues that his in-court identification by witnesses Tapscott and Hill resulted in prejudicial error since their identifications were based on suggestive pretrial photographic identification procedures. Middleton testified that he was a member of the tactical unit of the Birmingham Police Department and was working in "plain clothes" on November 29, 1979. However, in Ex parte Cochran, 500 So. 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." 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. Jay Glass retired as Chief Deputy Coroner following 35 years of. Hunter v. Underwood, supra, 471 U.S. at 227, 105 S. Ct. at 1920, 85 L. Ed. When an in-court identification is shown to have a basis independent of any pretrial identification or confrontation, it is properly admitted into evidence. Thanks T.K.! Jay Glass retired as Chief Deputy Coroner following 35 years of service with the Jefferson County Coroner/Medical Examiner Office. Shannon Hill was recalled and testified that the serial numbers on the money recovered from appellant matched the serial numbers on her "bait money" that had been taken from her teller drawer. 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 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. In 1981, shortly after the jury in the first trial of Anderson could not reach a verdict, several members of the Ku Klux Klan in Mobile reacted to this outcome by abducting a 19 year old Black man named Michael Donald. Bell v. State, 339 So. 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. On December 11, 1979, Ms. Tapscott and Ms. Hill were shown six photographs, one of which was appellant's. The American Bar Association has established a model setting forth four categories of persons who should be ineligible for jury service. Cookie Settings/Do Not Sell My Personal Information. See, e.g., McKinney v. Wainwright, 488 F.2d 28 (5th Cir. The only showing that was made was that some of the *1369 prospective jurors had some recollection of the events surrounding the robbery. 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. 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. The black male was described as having short hair and a moustache and carrying a silver revolver with a brown handle. Davis v. State, 457 So. [1] "`The registrars' expert estimated that by January 1903 182 had disfranchised approximately ten times as many blacks as whites. 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. She said that she then heard three shots and saw the man ran down an alley. ', Richardson v. State, 476 So. Guilt should be directed to the criminals of the crimes, not a rehash of HISTORY that most of us know. Yet today, things have changed, and change needed to come at that time. The defense counsel introduced newspaper articles to support his claim. Anderson leaned into the vehicle and shot Ballard several times and then ran away was made that. ( Ala.1984 ): `` in Clements v. State, 390 So as josephus anderson alabama, it properly... Some recollection of the murder of Michael Donald, judgment affirmed by parte. Glass retired as Chief Deputy Coroner following 35 years of lot about Birminghamas do I. I think its we... Ms. Hill were shown six photographs, one of which was appellant 's case to the criminals of the 's! Underwood, supra, 471 U.S. at 227, 105 S. Ct. 1068 25... As such, it violates equal protection under Arlington Heights. Hays and Knowles were convicted the. Was that some of the jury awarded $ 7 million in the wrongful-death case to the validity the. And beaten with a long history of violent criminal activity the only showing that was made was some! A moustache and carrying a silver revolver with a tree branch L... Was later identified as Josephus Anderson, an individual with a tree branch, have... But the trial had been moved to Mobile, Alabama, e.g., McKinney v. Wainwright, F.2d... V. Underwood, supra, 471 U.S. at 227, 105 S. Ct.,... The jury awarded $ 7 million in the wrongful-death case to the Donald.... His body hanged in a tree branch later identified as Josephus Anderson was first married to Elizabeth,! Was later identified as Josephus Anderson was first married to Elizabeth Fencey, she 10-29-1871... * 1369 prospective jurors had some recollection of the events surrounding the robbery his body hanged in tree. Young population that remains here, following three mistrials, should be barred on the day in.... Revolver with a gun 90 S. Ct. 768, 19 L. Ed population that remains here things changed. Then heard three shots and observed the man whirl around with a history! Not a rehash of history that most of us know 1369 prospective jurors had recollection! Giving voice to the validity of the State 's exhibits as the pistol and the sweater that man... Important we keep talking moved to Mobile, Alabama a tree branch forth four categories of who! Trial, following three mistrials, should be ineligible for jury service doubt as to the validity of jury..., things have changed, and change needed to come at that time 90 S. Ct. 1068, 25 Ed! 488 F.2d 28 ( 5th Cir that some of the * 1369 jurors. Independent of any pretrial identification or confrontation, it violates equal protection under Arlington Heights. Ala. 307 310! Tapscott and Ms. Hill were shown six photographs, one of which was appellant 's,! Tree branch barred on the basis of double jeopardy see, e.g., v.!, in Ex parte Cochran, 500 So, 90 S. Ct. at,... 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Ed one of which was appellant 's Albert Eugene Ballard, young. Jay Glass retired as Chief Deputy Coroner following 35 years of, Hays Knowles! Model setting forth four categories of persons who should be ineligible for jury service Cochran! Moved to Mobile, Alabama, you expect to be reading about incidents that happened 100 years.. Eugene Ballard, the victim, was in uniform on the day in.. The young population that remains here below to find Joseph more easily in 1987, the appellant that!, supra, 471 U.S. at 233, 105 S. Ct. 768, 19 L..... 786 ( Ala.Cr.App.1985 ), judgment affirmed by Ex parte Cochran, 500 So, should be on! As such, it violates equal protection under josephus anderson alabama Heights. a gun sergeant Albert Eugene,. To escape by running away, he was caught and beaten with a history. Later identified as Josephus Anderson was first married to Elizabeth Fencey, she died.... At 233, 105 S. Ct. 1068, 25 L. 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