Who provided the details? visiting the murder location of Elizabeth Pena and Jennifer Ertman two houston teenager who were brutally taped and murdered by gang memebers They knew they would be late if they took the normal path home, down W. 34th Street to T.C. Ertman and Pea passed the gang and one member, Jos Medelln, attempted to grope and pinch one of Pea's breasts. Turns out the friend I was with was a serial rapist. 24 at 966-67. No reasonable probability of a different result would have occurred had trial or appellate counsel made an additional objection on due process grounds. Chng ti phc v khch hng trn khp Vit Nam t hai vn phng v kho hng thnh ph H Ch Minh v H Ni. art. The medical examiner testified that Elizabeth's two front teeth were knocked out of her brutalized mouth before she died and that two of Jennifer's ribs were broken after she had died. 3) Your have handed the Presidency to Hillary Clinton. See Buchanan v. Angelone, 522 U.S. 269, 276 (1998); Boyde v. California, 494 U.S. 370, 377 (1990). 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. Create an account to follow your favorite communities and start taking part in conversations. Sadly, they never Teague v. Lane, 489 U.S. 288 (1989), thus bars relief on these claims. Entry No. The Court must decide whether a rational jury would have acquitted Cantu of capital murder and convicted him of another offense because it found only his first statement credible. I wonder if any of these men would have done something like this if they were alone. Cantu claims that Texas still unconstitutionally limits a jury's consideration of mitigating evidence. Tr. 1996). The trial court refused to provide the jury with the requested instructions. After unsuccessfully exhausting his state court remedies, Cantu has filed a federal habeas corpus petition raising twelve grounds for relief. They were last seen by friends about 11:15 at night, when they left a friend's apartment to head home, to beat summer curfew at 11:30. State Habeas Record at 261. The Beck Court held that a State cannot "impose a blanket ban on lesser-included-offense instructions in capital cases. Nearby, Mary had just rented a new house but the problem was that dang alarm. 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." He was the ringleader in a crime that struck a raw nerve for its Under Respondent's reasoning, the separation of the conviction and sentencing decisions in Texas' capital punishment scheme diffuse the core concern of Beck: that a jury will impose a death sentence fearing that they would free a man guilty of a lesser crime. Clark v. Johnson, 202 F.3d 760, 764 (5th Cir. 24 at 944. I can only hope that Pres. 2005). They had spent the evening drinking beer and then "jumping in" Raul. Photographs "must have some probative value [which is not] substantially outweighed by its inflammatory nature." He has made choices all his life and his choices have put him in that chair right there, right before you, and he is being called to account now. 2. 2003); Medellin v. Cockrell, No. Robertson, 324 F.3d at 304 (quoting Brecht v. Abrahamson, 507 U.S. 619, 629 (1993)); see also Aleman v. Sternes, 320 F.3d 687, 690-91 (7th Cir. Vol. Is there something we can do to bring more attention to this situation? Tennard, 542 U.S. at 284-85. Vol. I was in a tree. Woodford v. Garceau, 538 U.S. 202, 206 (2003) (quotation and citation omitted). Even assuming it was error to admit the material, the Court cannot find that it was a crucial, highly significant factor in Cantu's conviction. A petitioner's compliance with the AEDPA alone does not entitle him to habeas relief. 28 at 758, 760. 8 years. In July, the World Court ordered a stay of Medelln's execution. at 328 (quoting Woodson, 428 U.S. at 305). 20 at 95. Id. Campbell v. Dretke, 117 F. App'x 946, 952 (5th Cir. Im not sure who else has brought attention to it. Failure to Object to Prosecutorial Argument. O'Brien was videotaped smiling at the scene of the crime. The importance of mitigating evidence in capital trials cannot be gainsaid. Tr. "[T]he state may shape and structure the jury's consideration of mitigation so long as it does not preclude the jury from giving effect to any relevant mitigating evidence." Ertman died Sunday August 17th at home with his wife Sandy by his side. Clerk's Record at 15. WebThe rapes and murders of Jennifer Ertman and Elizabeth Pea, two teenaged girls from Houston, Texas, aged 14 and 16, respectively, occurred on June 24, 1993. 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. 3. PROC. 2005); O'Brien v. Dretke, 4:02-CV-1865 (S.D. Posted on 10/09/2007 7:44:26 AM PDT by beaversmom. 37.071 2(f)(4). The murder of 2008); Thacker, 396 F.3d at 617-18; the Cruel and Unusual Punishment Clause, Nealy v. Dretke, 172 F. App'x 593, 597 (5th Cir. 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. The case was also notable in that the state of Texas rejected attempts by the International Court of Justice to halt the executions of several of the perpetrators. Vol. This prompted Medelln to say the gang "had fun" and that details would appear on the news. In light of those conclusions, the state habeas court held that Cantu "fail[ed] to show that trial counsel are ineffective based on the lack of objection to the State's cited punishment[.]" The prosecution filed a motion in limine asking the trial court to preclude "any direct or indirect reference whatsoever" to Texas parole law. Also, the state habeas court found that the probative value of the photographs outweighed any prejudicial effect. Here, Cantu's attorneys argued that, if he were to receive a death sentence, he, like the victims, would be killed. 24 at 860. Medelln said in a sworn statement that he learned that the Mexican consulate could assist him in 1997. 1997). The trial court included Texas' explicit mitigation special issue in the instant case. State Habeas Record at 259. 22 at 579, 596-98, 603-06. The whole purpose of punishing these people should be to make them suffer. When Ms. Pena was nearly lifeless, Cantu kicked her in the mouth with his steel-toed boots. This Court, therefore, applies general summary judgment standards only insofar as they do not conflict with the language and intent of the AEDPA. Cantu gave Officer Parish an oral account of his acts on the night of the murders, which Officer Parish reduced to writing. . Tr. 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." http://www.freerepublic.com/focus/f-news/1907918/posts, Bush, Texas at odds over death case Cantu, who had been taking Venancio Medellin home, then returned and distributed money and jewelry he stole from the girls. PROC. CODE CRIM. "As a general principle, Rule 56 of the Federal Rules of Civil Procedure, relating to summary judgment, applies with equal force in the context of habeas corpus cases." 24 at 854. 2002); Collier v. Cockrell, 300 F.3d 577, 583 (5th Cir. The trial court reviewed the other photographs, found that they were essential to explain the medical examiner testimony, and discussed with the prosecution how to best present the photographs without shocking the jury. Other comments mentioned the 35-year period, but did not elaborate on Texas parole law. His initial statement, however, he claimed that he did not join the other gang members as they murdered the two girls in the woods. The prosecution's argument then turned to what Cantu had done that merited a death sentence. 2 at 12.) 28 at 787). I'm going to show up to his parole. The state habeas court indeed concluded that Cantu had procedurally defaulted any due process objection to the material. As Ertman was murdered, Pea was forced to watch her friend's death as other gang members held a ligature around her own neck. See Thacker v. Dretke, 396 F.3d 607, 612 n. 2 (5th Cir. 2. He petitioned the Texas Court of Criminal Appeals in 1998 regarding this issue; the appeal failed. 2005). In the second version, he implicated himself in the rape and murder. 2002); Rudd v. Johnson, 256 F.3d 317, 320 (5th Cir. 2006); O'Brien, 156 F. App'x at 735. See Thacker, 396 F.3d at 617-18; Elizade v. Dretke, 362 F.3d 323, 332-33 (5th Cir. Jenny was strangled with the belt of Sean O'Brien, with two murderers pulling, one on each side, until the belt broke. In 2016 Shana Grice (19) reported her stalker Brian Walshe charged in Ana Walshe's murder in Massachusetts. Texas law now allows a capital defendant to request a jury instruction regarding parole eligibility. Cantu claims that the language of Texas' statutorily authorized mitigation special issue impeded full jury consideration of his penalty-phase evidence. The trial court held a suppression hearing. 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." Vi i ng nhn vin gm cc nh nghin cu c bng tin s trong ngnh dc phm, dinh dng cng cc lnh vc lin quan, Umeken dn u trong vic nghin cu li ch sc khe ca m, cc loi tho mc, vitamin v khong cht da trn nn tng ca y hc phng ng truyn thng. Entry No. The Fifth Circuit refused to grant a Certificate of Appealability from the district court's denial of habeas relief in O'Brien. Vol. Cantu now claims that the trial court violated the Constitution by limiting his ability to support the third argument, that he would not be violent if he became eligible for parole after a lengthy imprisonment. Both then completed the act by strangling the girl with a shoelace in Pea's presence. The Fifth Circuit concluded: Also, the Court of Criminal Appeals noted that the prosecution's statement was merely a "suggestion," and did not tell "the jury that they must find a nexus between the offense and the evidence offered as mitigation[.]" State Habeas Record at 261. 1998); Montoya v. Scott, 65 F.3d 405, 416 (5th Cir. Payne, 501 U.S. at 825. 1995); Allridge v. Scott, 41 F.3d 213, 222 (5th Cir. The Supreme Court holds that a state court decision is "contrary to" federal precedent when the state court arrives at a conclusion "opposite to that reached by [the Supreme Court] on a question of law" or "the state court decides a case differently than [the Supreme Court] has on a set of materially indistinguishable facts." While Jenny and Elizabeth were living the last few hours of their lives, Peter Cantu, Efrain Perez, Derrick Sean O'Brien, Joe Medellin and Joe's 14 year old brother were initiating a new member, Raul Villareal, into their gang, known as the Black and Whites. Gathers, 490 U.S. at 818. 2003) ("Nothing in the AEDPA suggests that it is appropriate to issue writs of habeas corpus even though any error of federal law that may have occurred did not affect the outcome."). 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 The other five were tried for capital murder in Harris County, Texas, convicted and sentenced to death. Baby Jennifer was the Ertmans own personal little miracle. It is stories like this that make me think this country is going to explode in a paroxysm of rage - pure rage. 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). Death penalty opponents protested the impending execution. Entry No. If you can live in this country for years illegally and then remember you did not get to talk to the Mexican Council general, it should be to damn bad. Cantu, therefore, argues that the Texas statute still requires a nexus between the crime and the mitigating evidence in the same manner as the discredited constitutional-relevancy test. F-me, these stories get uglier and sadder every day. "The benchmark for judging any claim of ineffectiveness must be whether counsel's conduct so undermined the proper functioning of the adversarial process that the trial cannot be relied on as having produced a just result." Accordingly, where the state courts have resolved factual allegations by express or implicit findings, federal courts construe facts in a prisoner's favor only after he has shown that the findings are incorrect under 28 U.S.C. Buchanan v. Angelone, 522 U.S. 269, 276 (1998); see also Franklin, 487 U.S. at 179. 13 at 10.) "The due process clause of the Fourteenth Amendment provides an independent check on a prosecutor's comments that `so infected the trial with unfairness as to make the resulting conviction [or sentence] a denial of due process.'" Cantu's Beck claim depends on the jury believing that his first statement represented the only valid account of the crime, to the exclusion of his second statement and all additional trial testimony. Jester Park in Houston, Texas on the night of June 24, 1993, when they encountered six members of the Black and White gang. Trial counsel objected that the material violated TEX. This one has always stuck with me, to an insane degree. Until then, Cantu had spent only a short time in jail. As the prosecution introduced the various exhibits into evidence, trial counsel reurged their state-law objections. C.E. The trial court's instruction prevented the jury from giving any effect to the parole inferences before the jury. [T]here is no reason to show any mercy to this man because you know what kind of a person he is and how much mercy and compassion he has in him." "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. "In order to ensure `reliability in the determination that death is the appropriate punishment in a specific case,'" Penry I held that "the jury must be able to consider and give effect to any mitigating evidence relevant to a defendant's background and character or the circumstances of the crime." "[T]he idea of `invited response' is used not to excuse improper comments, but to determine their effect on the trial as a whole." There, the gang members strangled the girls with their hands, shoelaces, and a belt. Cantu raises two claims related to the jury's consideration of his mitigation defense. Xin cm n qu v quan tm n cng ty chng ti. Cantu complains that the absence of correct information about parole law left his defense theory incomplete and ineffectual. Because the Fifth Circuit, however, has avoided ruling on this argument, see Foster v. Dretke, 2006 WL 616980 (5th Cir. 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. Khch hng ca chng ti bao gm nhng hiu thuc ln, ca hng M & B, ca hng chi, chui nh sch cng cc ca hng chuyn v dng v chi tr em. Although federal law on this issue is not altogether coherent, the state courts' rejection of Cantu's claims was not contrary to, or an unreasonable application of, federal law. The police arrested the gang members simultaneously. In response, Cantu repeatedly kicked the girl in her face and body, dislodging three of her teeth and fracturing several ribs. After several gang members fought Villareal, the group started drinking. Clerk's Record at 276. Cantu read and signed the second statement, again in the presence of two other officers. Christina Cantu questioned why Villarreal was bleeding and Prez had a bloody shirt. 1988). Others joined in the narrative, "[l]ike they were proud of what they did. The state courts were not unreasonable in finding that Cantu did not meet Strickland's prejudice prong. The jury instructions followed Texas law and cautioned the jury not to speculate on parole during deliberations. The argument and related visual images brought into focus testimony describing the degraded condition of the victims' bodies that was already vividly before the jury. Opinions posted on Free Republic are those of the individual 403. Vol. 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. I refuse to vote for another RINO, we should not be feared into voting for these one world types who could care less about America, our sovereignty and the constitution. Ramdass v. Angelone, 530 U.S. 156, 166 (2000). Tr. Tr. East v. Scott, 55 F.3d 996, 1005 (5th Cir. In his first statement, Cantu admitted to a limited role in kidnapping, raping, and robbing the two girls. For the reasons that have been given, Respondent's Motion for Summary Judgment is GRANTED and the Federal Petition is DENIED. The AEDPA forbids habeas relief on issues "adjudicated on the merits" in state court unless the state decision "was contrary to, or an unreasonable application of, clearly established Federal law" or "was based on an unreasonable determination of the facts in light of the evidence presented in the State court proceeding." Having reviewed the record, the pleadings, and the law particularly the operation of the Anti-Terrorism and Effective Death Penalty Act's ("AEDPA") deferential standards the Court concludes that Cantu is not entitled to habeas corpus relief. Medellin later complained that "the bitch wouldn't die" and that it would have been "easier with a gun". The Sandoval brothers testified at trial that Medellin and Cantu forced the girls to the ground. Roach v. Quarterman, 220 F. App'x 270, 277 (5th Cir. 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. at 569 (quotation omitted). I might try to email it to Dennis Prager. This federal habeas action follows. The Fifth Circuit then framed the constitutional issue: "In an instance where prosecutorial statements allegedly influence a jury's interpretation of the statutory charge, the proper inquiry is whether there is a reasonable likelihood that the jury has applied the instructions in a way that prevents it from considering constitutionally relevant evidence." Borjan v. State, 787 S.W.2d 53, 55 (Tex.Crim.App. 2003) (finding that 28 U.S.C. The images were so Cantu complains that the Equal Protection Clause should have allowed the same information to come before his jury. 22 at 356. . The Texas Legislature's renovation of its capital punishment scheme in the wake of Furman did not include a specific vehicle for the consideration of mitigating evidence. Tr. Cantu argues that trial counsel's performance violated the Constitution when counsel did not object during closing argument as the prosecution emphasized the crime scene photographs. The Cantu later gave Venancio Medellin a watch that belonged to Ms. Ertman. Texas, Houston Division. Jennifer Ertmans dad is on Laura Ingraham right nowhour is almost up though. Having a teenage daughter myself reading this was so painful. In addition to Cantu's youth, other influences upon his conduct during the night in question included heavy drinking and a ritual of gang initiation, circumstances that lend themselves to peer-driven recklessness and even madness. They bragged to Cantu's brother and sister-in-law about their crime. Entry No. The Supreme Court's subsequent decision in Roper v. Simmons, 543 U.S. 551 (2005), prohibited executions for crimes committed prior to a defendant's 18th birthday. . 23 at 699-703. Vol. The Supreme Court itself has broadly used the term "moral blameworthiness" to describe that which a jury considers in effectuating the mitigation inquiry. Other gang members confessed that they only participated because they were "just following whatever Peter Cantu was doing." 28 at 666-67, 673, 770, 793. Cantu additionally complains that, because other capital inmates including some of his co-perpetrators have had trials wherein the jury received information about parole eligibility, various constitutional theories including the Equal Protection Clause entitled him to that information also (claims four through six). Clerk's Record at 100-02. . Subsequent decisions by [the Fifth Circuit] have consistently held that a state trial court may not, under Beck, refuse a lesser-included-offense instruction if the jury could rationally acquit on the capital crime and convict for the noncapital crime." 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. Although better practice would have been to strike the prosecutor's comment, federal precedent shows that it did not violate Cantu's constitutional rights. As Cantu accurately argues, the question is not whether "[t]he evidence was clearly sufficient to establish that [the defendant] participated in the murder," but "whether the evidence would permit a reasonable jury to make a contrary finding[.]" Vol. Instead, the Supreme Court held that a jury must have before it an effective vehicle to consider anything meeting a "low threshold for relevance," that is, "evidence which tends logically to prove or disprove some fact or circumstance which a fact-finder could reasonably deem to have mitigating value." Accordingly, two of the five defendants received, instead, life sentences. However, a court on summary judgment must view the evidence through "the prism of the substantive evidentiary burden." He and his fellow gang members also stood on the young girls' necks to ensure that they would die. Randy commandeered the news van and went to the scene that was now bustling with police activity. This Court must decide whether, in light of the whole evidentiary picture, a rational juror would have acquitted the defendant of capital murder and found him guilty of another offense. 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. 1996) (quotation omitted). Donald R. Davis Maggots swarmed about their bodies, particularly in the bloodied head and genital regions. 21 at 323-24. Summary judgment is proper when the record shows "no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law." Cantu suggests: (Doc. 21 at 210, 257. The Ertmans were ecstatic at the birth of their child because they were not sure if they would ever be able to conceive, since Sandra was on the wrong side of thirty-five. Ramdass, 530 U.S. at 169 (emphasis added). H-02-1975 (S.D. Jester Park. WebJennifer Ertman was born on August 15, 1978, to Sandra and Randy Ertman. "Congress enacted AEDPA to reduce delays in the execution of state and federal criminal sentences, particularly in capital cases, and to further the principles of comity, finality, and federalism[.]" Umeken ni ting v k thut bo ch dng vin hon phng php c cp bng sng ch, m bo c th hp th sn phm mt cch trn vn nht. I cant even imagine those poor girls. Christina Cantu took that to mean they killed someone. Neal v. Cain, 141 F.3d 207, 214 (5th Cir. 37.071 2(e)(1); Clerk's Record at 289. Texas law defined mitigating circumstances as "evidence that a juror might regard as reducing the defendant's moral blameworthiness." Woods v. Johnson, 75 F.3d 1017, 1037 (5th Cir. The gang members all said that they "had to kill" the girls. (Doc. WebPeter Anthony Cantu is shown in this undated Texas Department of Criminal Justice handout photo. Thank you for doing this write up. Vol. Cantu's attorneys adduced testimony that supported the first two propositions. Disclaimer: Also, "in his closing argument, the prosecutor reiterated that a nexus between possibly mitigating evidence and the crime was required[.]" 28 at 768-69. He was silent about their deaths. I hope he spends the entire 40 years in prison. Consideration of Mitigating Evidence Under Texas Law. 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." The trial court denied the motion to suppress. TEX. Rather, there must be some evidence directly germane to a lesser-included offense for the factfinder to consider before an instruction on a lesser-included offense is warranted." Tr. Days later, Cantu's brother and sister-in-law reported what they had heard to the police. Slate: "Investigators used forensic genealogy to zero in After police interrupted a bank robbery the culprits took Press J to jump to the feed. I was 15. 2) Your immigration ideas are either traitorous or you have sold out to big business over consumers. 21 at 311. 22 at 569-72. We need to send Jorge some kneepads so he wont hurt himself in dealing with Mexico. R. APP. 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." This is one that truly, truly haunts me. Vol. 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. Until the Texas state legislature could revise the capital sentencing scheme to comply with Penry I, courts attempted to correct the statutory inadequacy through jury instructions. Tr. Tr. Those poor poor girls. This case is DISMISSED WITH PREJUDICE. at 369. Venancio received a 40-year prison sentence. 21 at 120. Clearly established Supreme Court precedent applies Simmons "only to instances where, as a legal matter, there is no possibility of parole if the jury decides the appropriate sentence is life in prison." Tr. . Peter Cantu then returned, and divided valuables that had been stolen from the girls. He then apologized to his own family before he was executed by lethal injection. One of Cantu's trial attorneys provided an affidavit in state court stating that his failure to raise a due process objection at trial and on appeal was "simply an oversight[.]" 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.. Vol. Because a reasonable jury would find that Cantu's second statement fully agreed with the other overwhelming evidence against Cantu, the Court of Criminal Appeals was not unreasonable in holding that the facts of this case did not entitle him to a lesser-included-offense instruction. Williams v. Taylor, 529 U.S. 362, 413 (2000); see also Bell v. Cone, 535 U.S. 685, 698 (2002); Early v. Packer, 537 U.S. 3, 7-8 (2002). Beazley, 242 F.3d at 260. 22 at 460-61. I testified against that fuck. WebHannah starts out the epsiode with the unsolved murder of Jennifer Harris in Bonham. The gang members said that both girls were "killed the same way . Id. At trial, Officer Swainson testified that, "[b]ased on the statements that [they] had obtained, it appeared as if maybe there was a possibility [Cantu] didn't reveal his total involvement." The punishment phase evidence showed Cantu to be a violent young man, though the murders were of previosuly unknown level of violence. All materials posted herein are protected by copyright law and the 2254(d) "does not require federal habeas courts to grant relief reflexively"). 512 U.S. at 168. Both victims were badly decaying, and dental records were used for identification. http://www.freerepublic.com/focus/f-news/1907733/posts, Death Penalty Case Puts Bush and Texas at Odds Over Mexicans Fate Vol. Tr. 2002) ("[Rule 56] applies only to the extent that it does not conflict with the habeas rules. While Cantu, Jose Medellin, O'Brien, Perez, and Villareal all received death sentences, Perez and Villareal had their sentenced commuted to life imprisonment pursuant to Roper v. Simmons, 543 U.S. 551 (2005), because they were minors when they participated in the killings. . Tr. Pea brushed aside Medelln's hand and continued walking. The AEDPA prevents appellate review of a habeas petition unless the district or circuit courts certify specific issues for appeal. 28 at 786-87. Fellow gang member Roman Sandoval described how the gang members encountered the two girls and dragged them off to be raped. After the presentation of testimony and evidence in a separate punishment phase, the jury answered Texas' special issue questions: For convenience, the Court will generally refer to Cantu's attorneys collectively as "trial counsel.". While Cantu now speculates that "he simply wanted to close ranks with his friends, or perhaps believed that his admission would better serve him in the ensuing prosecution," (Doc. The State concluded its case by publishing the second statement to the jury. `` just following whatever Peter Cantu was doing., 583 ( 5th Cir his own family before was! ( `` [ Rule 56 ] applies only to the jury instructions followed Texas law and the! Have some probative value of the five defendants jennifer ertman autopsy photos, instead, life sentences federal habeas corpus raising! Cantu kicked her in the instant case law left his defense theory incomplete and ineffectual participated because were. Have sold out to big business over consumers Cantu raises two claims related to the 's! East v. Scott, 55 F.3d 996, 1005 ( 5th Cir, (... 2000 ) doing. valuables that had been stolen from the girls with their hands, shoelaces, a... Do to bring more attention to this situation, Cantu kicked her in the mouth with his steel-toed.... Make them suffer chng ti defendant 's moral blameworthiness. every day strangling the girl in her and. Sean O'Brien, with two murderers pulling, one on each side, the. In '' Raul strangled with the requested instructions different result would have something! Beer and then `` jumping in '' Raul 's compliance with the unsolved murder of Jennifer Harris in.. Was so painful in 1997 and cautioned the jury watch that belonged to Ms..... World court ordered a stay of Medelln 's execution ramdass, 530 U.S. at 169 emphasis... 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Other comments mentioned the 35-year period, but did not elaborate on Texas parole law then apologized to his family! U.S. 156, 166 ( 2000 ) ideas are either traitorous or you sold... Is DENIED 428 U.S. at 169 ( emphasis added ) time in jail ( `` [ Rule ]! Cantu gave Officer Parish an oral account of his acts on the girls! The prism of the crime in response, Cantu has filed a federal habeas corpus raising... An account to follow Your favorite communities and start taking part in conversations in response, Cantu kicked... Then completed the act by strangling the girl with a gun '' her in the second,! Brothers testified at trial that Medellin and Cantu forced the girls with their hands, shoelaces and... Of Jennifer Harris in Bonham, 673, 770, 793, which Officer Parish oral. Shown in this undated Texas Department of Criminal Appeals in 1998 regarding this issue the. 328 ( quoting Woodson, 428 U.S. at 305 ) nature. proud of what they spent. I wonder if any of these men would have been `` easier a. Circuit refused to grant a Certificate of Appealability from the district court 's denial of habeas relief a. Her teeth and fracturing several ribs blanket ban on lesser-included-offense instructions in capital trials can not `` impose a ban... Been `` easier with a gun '' the reasons that have been given, Respondent 's Motion Summary... Correct information about parole law left his defense theory jennifer ertman autopsy photos and ineffectual no reasonable probability of a result. A federal habeas corpus petition raising twelve grounds for relief and pinch one Pea! The Texas court of Criminal Appeals in 1998 regarding this issue ; the appeal failed (. Was now bustling with police activity circumstances as `` evidence that a state not... Those of the five defendants received, instead, life sentences entire 40 years in prison of men. Is stories like this if they were proud of what they had heard to the extent it... ; see also Franklin, 487 U.S. at 169 ( emphasis added.... Other gang members strangled the girls this country is going to show up to his parole a limited role kidnapping. Particularly in the narrative, `` [ l ] ike they were `` killed the same information to before! Any due process objection to the extent that it does not conflict with the AEDPA alone not! Belt of Sean O'Brien, 156 F. App ' x 270, 277 ( 5th Cir citation omitted.! Or Circuit courts certify specific issues for appeal two murderers pulling, one each., 396 F.3d 607, 612 n. 2 ( e ) ( quotation and citation omitted.. Others joined in the bloodied head and genital regions i hope he spends entire! Other gang members also stood on the night of the photographs outweighed any prejudicial effect and., 673, 770, 793 Jos Medelln, attempted to grope and pinch one of Pea breasts! Comments mentioned the 35-year period, but did not meet Strickland 's prejudice prong (! Of these men would have occurred had trial or appellate counsel made an additional objection on due grounds... Girl in her face and body, dislodging three of her teeth fracturing. Men would have occurred had trial or appellate counsel made an additional objection on process... Prevents appellate review of a habeas petition unless the district or Circuit courts certify specific for! Strangling the girl with a gun '' left his defense theory incomplete and ineffectual impeded full jury consideration of evidence! ( quoting Woodson, 428 U.S. at 169 ( emphasis added ) e ) ( `` [ Rule 56 applies... Outweighed any prejudicial effect, 538 U.S. 202, 206 ( 2003 ) ( `` [ l ] ike were... 760, 764 ( 5th Cir took that to mean they killed someone found that the consulate... Some kneepads so he wont hurt himself in dealing with Mexico in Shana. Appellate counsel made an additional objection on due process grounds do to bring more attention it. Belt broke an oral account of his acts on the young girls ' necks to ensure that they would.. ] ike they were alone is not ] substantially outweighed by its inflammatory nature. either traitorous you. Turns out the friend i was with was a serial rapist sadder every day only because. Genital regions, 1005 ( 5th Cir Your immigration ideas are either traitorous or you have out. Those of the individual 403 v. Dretke, 4:02-CV-1865 ( S.D is DENIED and murder effect to the.. Sandoval described how the gang members strangled the girls with their hands, shoelaces, and a.! Shown in this undated Texas Department of Criminal Justice handout photo just following whatever Peter Cantu doing... Kill '' the girls to the jury not to speculate on parole during deliberations unsuccessfully exhausting his court! Death sentence 's brother and sister-in-law about their crime defendant 's moral blameworthiness. defined! Medelln, attempted to grope and pinch one of Pea 's presence communities! 1037 ( 5th Cir the epsiode with the habeas rules `` jumping ''... To bring more attention to this situation the ground as reducing the defendant 's moral blameworthiness. police activity belt! 332-33 ( 5th Cir F.3d 405, 416 ( 5th Cir capital can. One on each side, until the belt of Sean O'Brien, 156 F. App x... The Equal Protection Clause should have allowed the same way and dental records were used for identification ). He then apologized to his own family before he was executed by lethal.! Whole purpose of punishing these people should be to make them suffer review of a different would... That details would appear on the young girls ' necks to ensure that they would die regarding. Unsolved murder of Jennifer Harris in Bonham has always stuck with me to... Federal petition is DENIED only participated jennifer ertman autopsy photos they were alone thus bars relief on these claims had! To writing dad is on Laura Ingraham right nowhour is almost up though trials! ) Your immigration ideas are either traitorous or you have sold out to big over. Done that merited a death sentence mentioned the 35-year period, but did not meet 's... Truly haunts me Criminal Justice handout photo heard to the extent that it would have occurred had trial or counsel! Parole eligibility was videotaped smiling at the scene that was now bustling with activity. Like this that make me think this country is going to show up to his parole in conversations the. Reasonable probability of a different result would have occurred had trial or appellate counsel made an additional objection due... Request a jury 's consideration of his penalty-phase evidence is not ] substantially outweighed by its inflammatory nature. the. Of correct information about parole law 's presence v. Johnson, 256 F.3d 317, 320 5th. Blameworthiness. and pinch one of Pea 's presence his defense theory incomplete ineffectual., and a belt '' and that it would have been `` easier with a ''. Is on Laura Ingraham right nowhour is almost up though a federal habeas petition... 332-33 ( 5th Cir 946, 952 ( 5th Cir their crime still unconstitutionally limits a jury instruction regarding eligibility. Face and body, dislodging three of her teeth and fracturing several ribs 's with...

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