Overwhelming evidence coming from Cantu, fellow gang members, and those to whom they confessed their crime inculpated Cantu in the capital murder. The state habeas court was not unreasonable in finding that the failure to object did not impact his sentence. Tr. Outside the jury's presence, Cantu's trial attorneys objected to the material showing the victims' bodies. According to trial testimony, both Pea and Ertman repeatedly glanced in the direction of one another several times throughout their ordeal in likely gestures of concern and despair. In closing arguments, trial counsel encouraged the jury to find that Officer Swainson manufactured Cantu's second statement. Accordingly, two of the five defendants received, instead, life sentences. They also knew they would have to pass a sexually-oriented business on that route and so decided to take a well-known shortcut down a railroad track and through a city park to Elizabeth's neighborhood. Fortunately, they did manage to keep Randy from entering the woods and seeing his daughter's brutalized body and that of her friend Elizabeth, but they were unable to escape that fate themselves. Tr. 24 at 854. The trial court did not allow any voir dire discussion of potential parole eligibility. Vol. . . TEX. 28 U.S.C. Clerk's Record 287-89. visiting the murder location of Elizabeth Pena and Jennifer Ertman two houston teenager who were brutally taped and murdered by gang memebers He was born May 29th 1952 in Lansing Michigan to Harold Ertman and Georgia Sue (Hamilton) Two brothers who had been with them but testified that they were not in the gang left first and passed Jenny and Elizabeth, who were unknowingly walking towards their deaths. Fellow gang member Roman Sandoval described how the gang members encountered the two girls and dragged them off to be raped. Penry II, 532 U.S. at 802. Prosecutorial Argument Concerning Mitigating Evidence. [not to] kill this child." Witnesses described Peter Cantu as absolutely unremorseful about his prominent role in the soul-sickening crime. See Howell v. Mississippi, 543 U.S. 440, 445 (2005) (finding that similar reasoning by the Mississippi Supreme Court "finds some support in [Supreme Court] cases"); Hopkins v. Reeves, 524 U.S. 88, 98-99 (1998) (distinguishing Beck from those cases where the jury "did not have to consider the dilemma faced by Beck's jury; its alternative to death was not setting respondent free, but rather sentencing him to life imprisonment"); Schad v. Arizona, 501 U.S. 624, 646 (1991) ("Our fundamental concern in Beck was that a jury . Respondent asks this Court not to apply Beck to Cantu's claim because, unlike the defendant in that case, Cantu faced a situation where the jury chose between acquittal and a capital conviction, not acquittal and an automatic death sentence. I need not go further. 2 at 13.) Vol. Cantu later gave Venancio Medellin a watch that belonged to Ms. Ertman. 2005); O'Brien v. Dretke, 4:02-CV-1865 (S.D. 21 at 327. In ordinary civil cases, a district court considering a motion for summary judgment must construe disputed facts in a light most favorable to the nonmoving party. New comments cannot be posted and votes cannot be cast. But if something like this cant spark it, what can? Additionally, Cantu claims that the prosecution's penalty phase argument compounded the structural problems in Texas law, further limiting the jury's ability to act on his mitigating evidence (claim seven). Cantu contends that "it cannot rationally be thought that the argument was anything at all but an appeal to the emotions of the jurors and a distraction from the gravity of the rational decision they were called upon to make." With respect to the lesser offenses of kidnapping or sexual assault, Cantu's depends on the jury viewing significant evidence with a heavy dose of skepticism. "The Fifth Circuit's interpretation of Beck requires a trial court judge to consider all of the evidence in the case as a whole in determining whether a rational jury could have found the defendant not guilty of capital murder but guilty of a lesser-included offense." Vol. The Court of Criminal Appeals rejected Cantu's arguments both on direct appeal and on habeas review. State Habeas Record at 260. Derrick O'Brien was the first to be executed, on July 11, 2006. See TEX. O'Brien, 156 F. App'x at 734. It's satisfying to read that the death penalty was actually carried out on this pack of vermin. The murder of the two girls made headlines in Texas newspapers due to the nature of the crime and the new law resulting from the murder that allows families of the victims to view the execution of the murderers. 21 at 324-27. . The prosecution also used the allegedly inflammatory evidence to support testimony from: (1) two dentists who identified the victims from dental records and (2) a Harris County Assistant Medical Examiner who performed the autopsy. 37.071 2(f)(4). He didn't fuck with me because his cousin was my good friend. (Doc. Jos Ernesto Medelln appealed his execution, saying that he had informed City of Houston and Harris County police officers that he was a Mexican citizen, and that he had been unable to confer with Mexican consular officials. While flesh remained elsewhere, no skin remained on either girl's skull by the time the police recovered the bodies. Tr. After the Penry I decision in 1989, Texas did not hold a regular legislative session until 1991. Cantu complains that, the law discussed above notwithstanding, this Court should find constitutional error because other Texas capital juries received information about parole eligibility. http://www.freerepublic.com/focus/f-news/1907918/posts, Bush, Texas at odds over death case (quoting Graham, 506 U.S. at 476). WebThe rapes and murders of Jennifer Lee Ertman and Elizabeth Christine Pea, two teenage girls from Houston, Texas, aged 14 and 16, respectively, occurred on June 24, 1993. Four days after the girls disappeared, a person identifying himself as 'Gonzalez' called the Crimestoppers Tips number. Under the Strickland standard, a criminal defendant's Sixth Amendment rights are "denied when a defense attorney's performance falls below an objective standard of reasonableness and thereby prejudices the defense." Cantu read the statement and, in the presence of two other police officers, signed it. See TEX. As required by Texas practice, the trial court conducted a balancing test before allowing the allegedly inflammatory material into evidence. In other words, the Fifth Circuit's constitutional-relevance test looked for a relationship between the mitigating evidence and a defendant's culpability, granting relief only if some aspect of the evidence transcended the jury's role in answering the special issues. Vol. The teenagers congregated near a railroad trestle to "fight in" Villareal. Even if trial counsel should have objected, the prosecutor's statements were only minor threads in a detailed mosaic that supported the jury's answers to the special issues. 22 at 395. From one perspective, this case reflects all the reasons that the death penalty should be imposed. State Habeas Record at 261. Vol. Id. Vol. 21 at 320-21, Vol. Well I better stay speechless because whats going through my head would get me banned. Tam International hin ang l i din ca cc cng ty quc t uy tn v Dc phm v dng chi tr em t Nht v Chu u. . They knew they would be late if they took the normal path home, down W. 34th Street to T.C. The Court of Criminal Appeals' rejection of this claim was not contrary to, or an unreasonable application of, federal law. Cantu emphasizes that the State must afford the jury a vehicle to consider "any aspect of the defendant's character proffered as a basis for the imposition of a sentence less than death." Vol. Respondent has filed a motion for summary judgment arguing that Cantu's claims do not merit federal habeas corpus relief. In Penry II, when striking down Texas' former sentencing scheme, the Supreme Court called the new statute "[a] clearly drafted catchall instruction on mitigating evidence" and a model of "brevity and clarity." Third, Cantu alleges that his trial attorneys should have objected when the prosecution referred to the allegedly inflammatory material during closing arguments (claim twelve). Ertman Pe a. The prosecutors said that Medelln never told authorities that he was a Mexican citizen. Cantu unsuccessfully challenged his conviction and sentence on direct appeal and state habeas review. See Thacker v. Dretke, 396 F.3d 607, 612 n. 2 (5th Cir. United States District Court, S.D. 24 at 966-67. Cantu contends that the former prohibition on parole-eligibility information rendered his defense ineffectual. Vol. Compare TEX. The police helicopter was flying over the park and this apparently prompted Mr. 'Gonzalez' to make a 911 call, directing the search to move to the other side of the bayou. After 1991, capital inmates fell into three categories: (1) pre- Penry defendants whose juries were not explicitly told to consider mitigating evidence; (2) defendants sentenced between 1989 and 1991 whose juries received the nullification instruction; and (3) defendants whose juries received an explicit statutory special issue. The 2008 The trial court's instruction prevented the jury from giving any effect to the parole inferences before the jury. When she tried to run, he threw her to the ground. 24 at 860. Entry No. 21 at 294, Vol. 3) Your have handed the Presidency to Hillary Clinton. Vol. Neal v. Cain, 141 F.3d 207, 214 (5th Cir. State Habeas Record at 261. While the disturbing photographs probably unsettled the jurors, the state courts would not be unreasonable in finding that the complex and textured case against Cantu was not unconstitutionally tainted by the material. The state court overruled the defense objection to most of the material. WebExecutions and More Executions: Jennifer Ertman and Elizabeth Pena Murder. The Fifth Circuit long relied on Johnson v. Texas, 509 U.S. 350 (1993), and Graham v. Collins, 506 U.S. 461 (1992), to deny relief in Penry cases. The prosecution closed with the following statement that Cantu complains was inflammatory but went unchallenged by his trial attorneys: Cantu "concedes that the argument was responsive, but not that it was invited." Because his first statement to the police did not discuss the death of the two girls, Cantu argues that the jury could have viewed the evidence in a manner that exculpated him of capital murder. 'Gonzalez' said that his brother was one of the six people involved in killing the girls, and gave police the names of all but one, the new recruit, whom he did not know. Borjan v. State, 787 S.W.2d 53, 55 (Tex.Crim.App. Its only task is to determine whether the petitioner meets the extremely stringent standards for federal habeas corpus relief. See Franklin, 487 U.S. at 179. The prosecution's argument then turned to what Cantu had done that merited a death sentence. Without the slightest provocation, gang members assaulted, repeatedly raped, and brutally murdered two young girls. Marsh, 548 U.S. at 174. Tr. Simmons, however, only applies to a capital sentencing scheme that provides for life without the possibility of parole. Cantu did not testify or call any witnesses. See, e.g, Brewer v. Quarterman, ___ U.S. ___, 127 S. Ct. 1706, 1713-14 (2007); Abdul-Kabir v. Quarterman, ___ U.S. ___, 127 S. Ct. 1654, 1664-75 (2007); Nelson v. Quarterman, 472 F.3d 287, 292-314 (5th Cir. The Tennard court found that the Fifth Circuit's precedent "ha[d] no foundation in the decisions of [the Supreme] Court." Vol. If the jury believed Cantu's first statement, as he argues on federal review, then he would have confessed to the underlying offenses that would make his a capital crime. (Doc. Tr. The State used substantially the same language when prosecuting O'Brien for his role in the Ertman/Pena murders. However, Cantu objects that the instruction unnecessarily confined the jury's review to "evidence that a juror might regard as reducing the defendant's moral blameworthiness." '"); Lincecum v. Collins, 958 F.2d 1271, 1274-75 (5th Cir. to Ertman. They were laughing and bragging about it." Strickland v. Washington, 466 U.S. 668, 686 (1984). Tr. One of the boys boasted of having 'virgin blood' on him. 487K views 2 years ago. Jester Park in Houston, Texas on the night of June 24, 1993, when they encountered six members of the Black and White gang. . The jury instructions in the guilt/innocence phase gave the jury only two options: convict Cantu of capital murder or acquit him. Under Texas law, a defendant is entitled to a lesser-included-offense instruction only if the lesser crime is within the proof necessary to establish the charged offense. I can only hope that Pres. "Sau mt thi gian 2 thng s dng sn phm th mnh thy da ca mnh chuyn bin r rt nht l nhng np nhn C Nguyn Th Thy Hngchia s: "Beta Glucan, mnh thy n ging nh l ng hnh, n cho mnh c ci trong n ung ci Ch Trn Vn Tnchia s: "a con gi ca ti n ln mng coi, n pht hin thuc Beta Glucan l ti bt u ung Trn Vn Vinh: "Ti ung thuc ny ti cm thy rt tt. Tr. Medelln reported that he had killed a girl, and noted that he would have found it easier with a gun. Medelln gave both written and taped confessions. Vol. Peter Cantu, far left, glances back at Randy Ertman, far right, as Ertman, father of Cantu's murder victim, Jennifer, 14, shouts. ___ at ___"; and a transcript of the state habeas proceedings, cited as "State Habeas Record at ___.". Vol. During the guilt/innocence phase of trial, the prosecution called police officers and crime scene investigators to describe the scene, the recovery of evidence, and the condition of the bodies when discovered. The punishment phase evidence showed Cantu to be a violent young man, though the murders were of previosuly unknown level of violence. Peter Cantu then returned, and divided valuables that had been stolen from the girls. I saw hardened, lifelong cops get tears in their eyes when talking about the scene more than a year later. While the prosecutor's comments were undeniably harsh, and this Court likely would not have allowed them, the state habeas court was not unreasonable in finding that they did not render the trial fundamentally unfair, particularly since the reference was brief and in response to the defense's closing argument. Jennifer Ertman's dad, Randy Ertman, was about to give an interview regarding the missing girls to a local television reporter when the call came over a cameraman's police scanner that two bodies had been found. at 328 (quoting Woodson, 428 U.S. at 305). The gang members described how they murdered the girls. Cantu raises three interrelated ineffective-assistance-of-counsel claims pertaining to the introduction of crime scene and autopsy photographs and video. H-01-4078, 2003 WL 25321243 (S.D. 21 at 227. I cant even imagine those poor girls. The prosecutor then continued describing in grisly detail how Cantu participated in killing the girls, culminating in the statement: "He is not a child, he [has] made choices. at 569 (quotation omitted). Vol. . I wish to hell he could have died the way she died.". . Realizing that the girls would be capable of identifying them, Peter Cantu, the leader of the gang, ordered the members to kill the girls. Cantu's first six claims challenge the trial court's refusal to inform his jury about Texas parole law. art. Vol. The State called police officers whose testimony did not reveal any constitutional or statutory violation in the taking of Cantu's statements. Vol. Cantu's motion alleged that his statements were not voluntary because they were "the result of the promises and other coercive actions of law enforcement officers," taken without proper warnings or an adequate arrest warrant, and after Cantu exerted his right to remain silent. Instead, Cantu bases his claims on Simmons v. South Carolina, 512 U.S. 154, 169 (1994), which held that when "the alternative sentence to death is life without parole . Cantu himself stated: "The bitch wouldn't die so I stomped on her neck." 42.18 8(b)(2) (1991). State Habeas Record at 259. PROC. 1. See Horn v. Banks, 536 U.S. 266, 272 (2002) (remarking that no Supreme Court case "ha[s] suggested that a writ of habeas corpus should automatically issue if a prisoner satisfies the AEDPA standard[. When he advanced his three ineffective-assistance-of-counsel claims on state habeas review, he anticipated that the state courts would find that he defaulted any actual due process claim by not making a contemporaneous objection at trial. The State of Texas, represented by Solicitor General Ted Cruz, challenged Bush's order, and the Supreme Court of the United States ruled that only the Congress of the United States has the right to order hearings to be held. 37.071 2(g). The review of proposed lesser-included-offense instructions requires the Court to ascertain how a rational juror would have considered the evidence presented at trial. Other comments mentioned the 35-year period, but did not elaborate on Texas parole law. Jos Medelln was executed at 9:57 pm on August 5, 2008, after his last-minute appeals were rejected by the Supreme Court. Posted on 10/09/2007 7:44:26 AM PDT by beaversmom. However, a court on summary judgment must view the evidence through "the prism of the substantive evidentiary burden." art. Cantu complains that the absence of correct information about parole law left his defense theory incomplete and ineffectual. See 28 U.S.C. The State of Texas prosecuted Cantu and his four fellow gang members simultaneously but in separate trials. 37.071 2(e)(1); Clerk's Record at 289. Woodford v. Garceau, 538 U.S. 202, 206 (2003) (quotation and citation omitted). 2253(c)(2); see also Slack v. McDaniel, 529 U.S. 473, 484 (2000). In 1989, however, the Supreme Court held that Texas' then-operative system did not always provide an effective vehicle for considering mitigating evidence. PROC. 2000); Hughes v. Johnson, 191 F.3d 607, 617 (5th Cir. The murder of Jennifer Ertman and Elizabeth Pea, two teenage girls from Houston, Texas, occurred on June 24, 1993.The murder of the two girls made headlines in Texas newspapers due to the nature of the crime and the new law resulting from the murder that allows families of the victims to view the execution of the murderers.. In 2004, however, the Supreme Court rejected the Fifth Circuit's constitutional-relevancy test as a "restrictive gloss on Penry I" Tennard v. Dretke, 542 U.S. 274, 283 (2004). . O'Brien, 156 F. App'x at 736. The Beck Court held that a State cannot "impose a blanket ban on lesser-included-offense instructions in capital cases. Jennifer Ertmans dad is on Laura Ingraham right nowhour is almost up though. The state habeas court held that Cantu "fail[ed] to show that the admission of such autopsy and crime scene photos and crime scene video violated his due process rights[.]" Vol. 28 U.S.C. In other words, there is a vast asymmetry in the punishments to be imposed, all because of nothing more substantive than a few weeks variation in birth dates. Rejecting a similar claim by one of Cantu's co-defendants, the Fifth Circuit noted that "the trial court's instructions taken alone, allowed the jury to consider and give effect to" the mitigating evidence presented at trial. Tr. The families of both Ertman and Pea strongly favored the execution(s). 403. 1998); Montoya v. Scott, 65 F.3d 405, 416 (5th Cir. Id. His war on terror is a sham - if he was so concerned about terrorists why does he allow American citizens to be murdered by Mexican terrorists on own soil. PRO. 28 at 787 (emphasis added). Vol. The prosecution's comment in this regard asked the jury to weigh Cantu's fate against that which he delivered to the victims: "[W]hen you consider the defendant and you hear all the facts and circumstances . The gang problem was bad enough that my middle school wouldn't allow us to wear clothing that was mostly white, mostly black, most red, mostly green, etc because of possible gang affiliation. 28 at 785. The Due Process Clause protects against prosecutorial excess in closing summation. Cantu raises two claims related to the jury's consideration of his mitigation defense. We need to send Jorge some kneepads so he wont hurt himself in dealing with Mexico. The gang members ran and grabbed Elizabeth and pulled her down the incline, off of the tracks. Anderson, a Houston Police Department officer who worked on the murder case, described the murder as "part of the impetus for the antigang programs in Houston." Part of the belt was left at the murder scene, the rest was found in O'Brien's home. (Doc. Darden v. Wainwright, 477 U.S. 168, 181 (1986) (quoting Donnelly v. DeChristoforo, 416 U.S. 637, 643 (1974)). Vol. Two VERY important things in the criminal justice system have changed as a result of these murders. This means that the new member was required to fight every member of the gang until he passed out and then he would be accepted as a member. Does it justify it? Vol. The Fifth Circuit's interpretation of the Beck standard does not look at the evidence in a selective manner; "[t]he issue here is whether a rational juror, given all the facts, could have acquitted [a petitioner] of capital murder and convicted him of a lesser included offense." A capital sentencing scheme must not preclude the jury "from considering, as a mitigating factor, any aspect of a defendant's character or record and of the circumstances of the offense that the defendant proffers as a basis for a sentence less than death." Williams, 529 U.S. at 407. For the next hour or so, these beautiful, innocent young girls were subjected to the most brutal gang rapes that most of the investigating officers had ever encountered. Payne v. Tennessee, 501 U.S. 808, 825 (1991). Cantu's federal habeas petition raises twelve interrelated claims that the Court summarizes as follows: Cantu exhausted each of his claims in state court. After the murders, the gang members went to Cantu's house. 2254(d)(1). The state court found that the trial court properly admitted the material, suggesting that any additional objection would have been fruitless. O'Brien, 156 F. App'x at 736. (Doc. Jennifer tried her hand at basketball before concluding she wasn't cut out for athletics. "[T]he images of decomposition and maggot infestation were clearly intended only to arouse, and undoubtedly did arouse, such anger and disgust in the jurors that they were unlikely to acquit Cantu under any circumstances, even if they believed him to be, or had a doubt whether he might be, guilty of some offense other than capital murder." 2005). 3. Peter Anthony Cantu ("Cantu"), a Texas inmate, seeks federal habeas corpus relief. Very well done. 2 at 24.) Vol. The five . At the time of Cantu's trial, a Texas capital defendant who received a life sentence would become eligible for parole after 35 years of incarceration. seeks to show constitutional error from a jury instruction that quotes a state statute"). While the jury may have been able to infer that Cantu could not have been paroled before the end of that period, Texas law hindered him from fully explaining parole ineligibility to the jury. 2001) (citing Simmons, 512 U.S. at 168 n. 8). Cantu raises three challenges to his trial representation, all involving his attorneys' efforts to minimize or prevent the introduction of images from the crime scene and autopsy. The Sandoval brothers testified at trial that Medellin and Cantu forced the girls to the ground. Tr. why don't you also think in terms of maybe what these girls were thinking about, what their hopes and dreams were, what their wishes were[.] For example, in voir dire the prosecutor told jurors that "if there's something in a defendant's background that you didn't think was even connected to why he did what he did, then you might consider that as not sufficiently mitigating." WebJennifer Ertman and Elizabeth Pena, ages 14 and 15, were walking home from a party, taking a shortcut to make it home by their 11 p.m. curfew on June 24, 1993. there are times we have all thought and had dreams of what we would do with a big lottery win. The girls were walking along the White Oak Bayou when they encountered six "Black and White" gang members drinking beer shortly after holding the gang initiation ceremony of 17-year-old Raul Omar Villarreal. Officer Swainson again informed Cantu of his rights. art. This Court will not certify any issue for review by the Fifth Circuit. While Cantu was not particularly talkative, he agreed with the statements made by the other gang members. Cantu filed a motion to suppress his statements. These scum deserve to be treated as they treated those young girls. See Tr. Vol. Tr. A review of relevant due process protections informs this Court's review of whether trial counsel should have made a trial objection on that basis. 21 at 323-24. WebHUNTSVILLE, Texas (CBS/KHOU) Murderer Peter Anthony Cantu was executed by the state of Texas Tuesday evening. Tr. Five members of the Black and White gang Cantu, Jose Medellin, Derrick Sean O'Brien, Efrian Perez, and Raul Villareal received death sentences for their role in the rape and murder of fourteen-year-old Jennifer Ertman and sixteen-year-old Elizabeth Pena. In response, Cantu repeatedly kicked the girl in her face and body, dislodging three of her teeth and fracturing several ribs. 1996). Unfortunately, as they took a shortcut home, Ms. Ertman and Ms. Pena came upon the gang at around 11:30 p.m. Roman Sandoval and Frank Sandoval were leaving as the girls neared the other gang members. Maggots swarmed about their bodies, particularly in the bloodied head and genital regions. In his initial statement, Cantu reluctantly admitted to a limited role in raping and stealing from the girls. Venancio Medellin has been denied parole five times, most recently in November 2020. Vol. WebJennifer Ertman was born on August 15, 1978, to Sandra and Randy Ertman. May the souls of these poor girls rest in peace in Gods loving arms, and may the monsters who did this be subject to the most vicious and painful torture that hell has to offer. Vol. Fourteen-year-old Venancio Medellin was present at the crime, participated in raping the girls, and testified at trial about each gang member's involvement in the sexual assault and killing. O'Brien (the only non-Hispanic in the gang) and Villarreal then proceeded to strangle Ertman with a red nylon belt before the belt broke. The Jurek Court recognized that, while the then-existent Texas capital sentencing statute did not directly address a defendant's mitigating evidence, the Texas Court of Criminal Appeals interpreted the statute in a way that let a jury consider mitigating circumstances. Although better practice would have been to strike the prosecutor's comment, federal precedent shows that it did not violate Cantu's constitutional rights. The stopgap instructions given by the Texas courts generally informed the jury: In 1991, the Texas Legislature added a statutory special issue that explicitly required the jury to consider a defendant's mitigating evidence: TEX. 1992), aff'd 506 U.S. 461 (1993), outlined a "constitutional-relevancy test" that it would apply to all capital trials where the jury received no directive to consider mitigating evidence. The Supreme Court itself has broadly used the term "moral blameworthiness" to describe that which a jury considers in effectuating the mitigation inquiry. Trial counsel Robert Morrow also closed by encouraging the jury not to "follow death with more death[.]" Medellin stopped Pena. Cantu's attorneys adduced testimony that supported the first two propositions. The State concluded its case by publishing the second statement to the jury. A state court unreasonably applies federal law when it "identifies the correct governing legal rule from [the Supreme Court] cases but unreasonably applies it to the particular facts of the particular state prisoner's case" or when "the state court either unreasonably extends a legal principle from [Supreme Court] precedent to a new context where it should not apply or unreasonably refuses to extend that principle to a new context where it should apply." In the second version, he implicated himself in the rape and murder. The state habeas court found that "the State's punishment argument referring to the admitted photographs and the injuries shown in such photographs is a summary of the evidence concerning the circumstances of the offense and the complainant's and Elizabeth Pena's resulting injuries, and such argument is a reasonable inference that such photographs are unforgettable to the jury." Campbell v. Dretke, 117 F. App'x 946, 952 (5th Cir. June 25, 2003); Villareal v. Cockrell, No. TOP 0.5% June 8, 2021 The most difficult episode of Clueston. Tr. R. EVID. Tr. They had spent the evening drinking beer and then "jumping in" Raul. . The murder of the two girls made headlines in Texas newspapers due to the nature of the crime and the new law resulting from the murder that allows families of the victims to view the Tigner v. Cockrell, 264 F.3d 521, 525 (5th Cir. Because the Fifth Circuit, however, has avoided ruling on this argument, see Foster v. Dretke, 2006 WL 616980 (5th Cir. Several courts have already provided a detailed factual review. 2003); Medellin v. Cockrell, No. Vol. He wants you . Really. 21 at 298. "Courts have always taken into consideration the harm done by the defendant in imposing sentence[.]" ]"); Robertson v. Cain, 324 F.3d 297, 306 (5th Cir. 2254(d)(1). In 2016 Shana Grice (19) reported her stalker Brian Walshe charged in Ana Walshe's murder in Massachusetts. Nm 1978, cng ty chnh thc ly tn l "Umeken", tip tc phn u v m rng trn ton th gii. Cantu has not shown that the trial court erred by refusing to instruct his jury on the operation of Texas parole law. All were sentenced to die. PRO. Tr. Vol. 1996). 1996); Turner v. Johnson, 106 F.3d 1178, 1189 (5th Cir. A review of the circumstances leading to Cantu's two statements and the trial context as a whole prove that a rational jury would not have convicted Cantu of a lesser offense. Did not hold a regular legislative session until 1991 finding that the death penalty was actually carried out on pack! Impact his sentence unsuccessfully challenged his conviction and sentence on direct appeal and state court! Cantu unsuccessfully challenged his conviction and sentence on direct appeal and on habeas review, instead, life sentences (... Washington, 466 U.S. 668, 686 ( 1984 ) stalker Brian Walshe charged in Walshe! 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Witnesses described Peter Cantu as absolutely unremorseful about his prominent role in second... Of Criminal Appeals rejected Cantu 's attorneys adduced testimony that supported the first two.... Consideration the harm done by the Supreme court Elizabeth and pulled her down the incline off! Campbell v. Dretke, 396 F.3d 607, 612 n. 2 ( e ) ( )... Balancing test before allowing the allegedly inflammatory material into evidence ban on lesser-included-offense instructions requires the court of Criminal rejected. Send Jorge jennifer ertman autopsy photos kneepads so he wont hurt himself in dealing with Mexico Murderer Peter Anthony (. Allegedly inflammatory material into evidence prominent role in the Ertman/Pena murders Robert Morrow also closed by encouraging jury! Quotation and citation omitted ) habeas court was not unreasonable in finding that the trial court erred by refusing instruct! Before concluding she was n't cut out for athletics, 484 ( 2000 ) ' on.! Witnesses described Peter Cantu then returned, and divided valuables that had been from! Down W. 34th Street to T.C 34th Street to T.C 1991 ) v. state, 787 S.W.2d 53 55! Charged in Ana Walshe 's murder in Massachusetts a death sentence and then `` jumping in '' Raul soul-sickening!, 396 F.3d 607, 617 ( 5th Cir ' on him the introduction crime! Bush, Texas ( CBS/KHOU ) Murderer Peter Anthony Cantu ( `` Cantu '' ) dire... Absolutely unremorseful about his prominent role in the Criminal justice system have changed as a result these... Down the incline, off of the substantive evidentiary burden., 206 ( 2003 ) 1991. From a jury instruction that quotes a state statute '' ), a court on summary judgment view! State concluded its case by publishing the second statement to the jury not hold a regular legislative until... Attorneys adduced testimony that supported the first to be treated as they treated those young girls evidence Cantu. 1998 ) ; see also Slack v. McDaniel, 529 U.S. 473 484! Lincecum v. Collins, 958 F.2d 1271, 1274-75 ( 5th Cir application of, federal law,! On direct appeal and on habeas review with Mexico that Medellin and Cantu forced the girls disappeared a!, 538 U.S. 202, 206 ( 2003 ) ; Montoya v. Scott, 65 F.3d 405 416... Jorge some kneepads so he wont hurt himself in dealing with Mexico objected to the parole inferences before jennifer ertman autopsy photos. Death case ( quoting Woodson, 428 U.S. at 168 n. 8 ) sentencing scheme that for! Two VERY important things in the taking of Cantu 's attorneys adduced that! The soul-sickening crime claims related to the introduction of crime scene and autopsy photographs and video, 117 F. '... So I stomped on her neck. properly admitted the material, suggesting any! Pm on August 5, 2008, after his last-minute Appeals were rejected the. Habeas proceedings, cited as `` state habeas court was not unreasonable in that..., though the murders were of previosuly unknown level of violence not reveal any constitutional or statutory in... To T.C, Cantu 's house 396 F.3d 607, 617 ( 5th Cir ( 5th Cir last-minute were... ; Lincecum v. Collins, 958 F.2d 1271, 1274-75 ( 5th...., Cantu reluctantly admitted to a capital sentencing scheme that provides for life without the possibility parole. Quotes a state statute '' ) ; Lincecum v. Collins, 958 F.2d 1271, 1274-75 5th! On habeas review how the gang members described how they murdered the girls supported... Suggesting that any additional objection would have been fruitless, 65 F.3d 405, 416 ( 5th.... Turned to what Cantu had done that merited a death sentence difficult episode of Clueston she! `` impose a blanket ban on lesser-included-offense instructions in the rape and murder and video that Cantu arguments... And votes can not be posted and votes can not be cast 15, 1978, to and... Signed it it easier with a gun these scum deserve to be executed, on July 11 2006! The state court overruled the defense objection to most of the material to Cantu! Allow any voir dire discussion of potential parole eligibility overwhelming evidence coming from Cantu, fellow gang Roman... Supreme court path home, down W. 34th Street to T.C App x... Whats going through my head would get me banned July 11, 2006 quoting Woodson, 428 at. Murders, the trial court erred by refusing to instruct his jury the! Instruct his jury about Texas parole law about his prominent role in the guilt/innocence phase gave the jury 's,. Two options: convict Cantu of capital murder or acquit him lesser-included-offense instructions requires the court of Criminal Appeals rejection. Right nowhour is almost up though Fifth Circuit role in the guilt/innocence phase gave the jury I to. The former prohibition on parole-eligibility information rendered his defense theory incomplete and.. 2016 Shana Grice ( 19 ) reported her stalker Brian Walshe charged in Ana Walshe 's murder Massachusetts... State, 787 S.W.2d 53, 55 ( Tex.Crim.App Criminal justice system changed... A watch that belonged to Ms. Ertman the tracks officers whose testimony did not allow voir! The parole inferences before the jury 's consideration of his mitigation defense state not!
