Under the appropriate standard, Cantu has not shown that this Court should certify any issue for appellate consideration. Umeken t tr s ti Osaka v hai nh my ti Toyama trung tm ca ngnh cng nghip dc phm. Supreme Court case law does not suggest that Texas' current vehicle for the consideration of mitigating evidence is impermissibly narrow. 37.071 2(e)(1); Clerk's Record at 289. Compare TEX. Tr. 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 This is no job for the criminal justice system. . See 28 U.S.C. See 28 U.S.C. 2006); O'Brien, 156 F. App'x at 735. 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. "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. Web15K. Tr. 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. What could you wear, stripes, patterns, purple, pink, grey? "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." The State called police officers whose testimony did not reveal any constitutional or statutory violation in the taking of Cantu's statements. The five "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." WebHOUSTON, Texas (KTRK) -- A former gang member convicted for his role in the brutal murder of two Houston teens has been denied parole, according to the Harris County Vol. The families of both Ertman and Pea strongly favored the execution(s). Ertman and Pea passed the gang and one member, Jos Medelln, attempted to grope and pinch one of Pea's breasts. Roman Sandoval testified that Cantu called him after the murders and essentially confessed to having raped and murdered the girls. 22 at 356. Testimony showed that Raul lasted through three of the members before briefly losing consciousness. Id. Williams, 529 U.S. at 407. State Habeas Record at 259. Cantu has not shown that the trial court erred by refusing to instruct his jury on the operation of Texas parole law. Cantu claims that the language of Texas' statutorily authorized mitigation special issue impeded full jury consideration of his penalty-phase evidence. Cantu claims that Texas still unconstitutionally limits a jury's consideration of mitigating evidence. A habeas court likewise cannot grant relief if it would require the creation and retroactive application of new constitutional law. Later, Houston Police Department Officer Roy Swainson compared Cantu's initial statement to his interview of Fransisco Sandoval and the statement taken from O'Brien. 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. The gang members took Jenny and Elizabeth from the clearing into a wooded area, leaving the juvenile behind, saying he was "too little to watch". The Supreme Court, however, has never required the States to conform to only one method of considering mitigating evidence. 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. State Habeas Record at 252. Cantu did not testify or call any witnesses. Cantu read and signed the second statement, again in the presence of two other officers. See 28 U.S.C. This federal habeas action follows. He then apologized to his own family before he was executed by lethal injection. What a horrible crime. Cantu complains that the Equal Protection Clause should have allowed the same information to come before his jury. 28 U.S.C. P. 56(c). Tr. 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. WebOn June 24th 1993 a pair of teenage girls were walking through a public park in Houston,Texas when they were viciously assaulted by a local youth gang. Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. Venancio Medellin has been denied parole five times, most recently in November 2020. 21 at 212. 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. East, 55 F.3d at 1005. 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[. Cantu claims that the prosecution limited the jury's consideration of that evidence in much the same way as the Fifth Circuit's now-discredited constitutional relevancy test. For the reasons that have been given, Respondent's Motion for Summary Judgment is GRANTED and the Federal Petition is DENIED. 1991). First, Cantu faults trial counsel for not raising a federal due process objection in addition to his state law objection (claim ten). 23 at 698-99. I think it's the first really sickening and gut-wrenching crime I read about when I was young. The trial judge stated: Tr. The Fifth Circuit has held that Texas' current definition of mitigating evidence "encompasses `virtually any mitigating evidence.'" Entry No. Does that cause the defendant's behavior? I wondered that too. "[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." Respondent has filed a motion for summary judgment arguing that Cantu's claims do not merit federal habeas corpus relief. When Peter Cantu saw Jenny and Elizabeth, he thought it was a man and a woman and told the other gang members that he wanted to jump him and beat him up. Vol. Vol. art. From one perspective, this case reflects all the reasons that the death penalty should be imposed. 37.07, 4(a) (West 1993). The I dont knowLaura Ingraham is talking aboutI think I first heard about it the other day from her. These stopgap instructions often called nullification instructions required the jury to answer the statutory special issues in the negative if sufficient mitigating circumstances existed. Clerk's Record at 278. Without the slightest provocation, gang members assaulted, repeatedly raped, and brutally murdered two young girls. Under Texas state law, "proper jury argument must fall within one of the following categories: (1) summary of the evidence; (2) reasonable deduction from the evidence; (3) in response to argument of opposing counsel; and (4) plea for law enforcement." Vol. Vol. 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. How sick My heart is broken. Those poor poor girls. 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. Vol. Tr. 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[.]" 21 at 294, Vol. After the prosecution reviewed other violent acts from Cantu's life, the closing argument returned to a comparison between Cantu and the victims: Tr. The lack of a due process violation undercuts the ineffectiveness claims Cantu raises on federal habeas review. 28 at 698-99. I was 15. The victim's bodies were left to decompose in the summer heat. The Fifth Circuit refused to grant a Certificate of Appealability from the district court's denial of habeas relief in O'Brien. Tex. Officer Swainson decided to interview Cantu again. FED. 2003) (citing Moore v. Johnson, 194 F.3d 586, 612 (5th Cir. To warrant the lesser-included-offense instruction, however, the evidence of the lesser crime must be of sufficient magnitude to allow a rational jury to convict him only for that offense. Seventeen years after the crimes, Peter Anthony Cantu was executed on August 17, 2010. 24 at 863-66, 917-18. This case is ripe for adjudication. None of this is to excuse his past criminality nor to endorse the lenient punishments that were previously imposed. at 736. Yarborough v. Gentry, 540 U.S. 1, 4 (2003); see also Wiggins v. Smith, 539 U.S. 510, 521 (2003). 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. Marsh, 548 U.S. at 174. Posted on 10/09/2007 7:44:26 AM PDT by beaversmom. He then transcribed a detailed second statement in which Cantu confessed to his role in the actual murder of the two girls. Aside from the above-mentioned gang members, Roman Sandoval, Frank Sandoval, and Venancio Medellin were also present at the gang initiation. The lethal injection was performed at 6:09 pm, and at 6:17 pm, Cantu was officially pronounced dead. I was living in San Antonio the year before these murders. In the wake of Tennard, the Supreme Court and Fifth Circuit have found error in most pre-1989 cases, with limited exceptions. 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. Press question mark to learn the rest of the keyboard shortcuts. See 28 U.S.C. The Clerk will provide a copy to the parties. The trial court included Texas' explicit mitigation special issue in the instant case. 1992) (applying Beck when "a trial judge refuses to give an instruction which is available under state law"). In July, the World Court ordered a stay of Medelln's execution. 403. PRO. 2002); Johnson v. Cockrell, 306 F.3d 249, 256-57 (5th Cir. The record does not prove that a rational jury would have believed only the account Cantu gave in his first statement. 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[.]" Vol. Tr. 1994); Kinnamon v. Scott, 40 F.3d 731, 733 (5th Cir. See 28 U.S.C. WebJennifer Ertman and Elizabeth Pea were two best friends who, in 1993, were raped and murdered by a gang as they walked home from a pool party. Trial counsel sought a favorable answer to the future dangerousness special issue by showing that: (1) Cantu would not be dangerous while incarcerated; (2) with the passage of time he would mature and become less violent; and (3) when he became eligible for parole after 35 years he would not pose a threat to society. Texas law now allows a capital defendant to request a jury instruction regarding parole eligibility. 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. His knowledge of the crimes came from the killers themselves, most of whom came to his home after the murders, bragging and swapping the jewelry they had stolen from the girls. Insect activity, animal degradation, and the sweltering heat left the corpses unrecognizable. The 2008 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). No reasonable probability of a different result would have occurred had trial or appellate counsel made an additional objection on due process grounds. Failure to Make a Due Process Objection to the Allegedly Inflammatory Material. June 25, 2003); Villareal v. Cockrell, No. Entry No. Medelln said in a sworn statement that he learned that the Mexican consulate could assist him in 1997. Feb. 14, 2003); Cantu v. State, 939 S.W.2d 627, 631-32 (Tex.Crim.App. The Sandoval brothers testified at trial that Medellin and Cantu forced the girls to the ground. 2003); Medellin v. Cockrell, No. A State can structure the jury's consideration of mitigating evidence, provided it does not diffuse any relevant mitigating factors. 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. Cantu argued that Officer Swainson manufactured the second statement, but provided no testimony to support that assertion. 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. When the gang members finished bragging about the rapes, Joe Cantu asked what happened to the girls. Tr. Vol. But, again, the question must be asked as to whether Cantu's execution is the only penalty that will suffice. The gang members then stomped on both girls' throats to ensure their deaths. Ries v. Quarterman, 522 F.3d 517, 530 (5th Cir. . . Cantu claims that the prosecution in his case compounded the statutory deficiencies by asking the jury to weigh his evidence in a manner similar to the Fifth Circuit's rejected constitutional-relevancy test (claim 7). On June 24, 1993, Jennifer Ertman and Elizabeth Pea attended a pool party hosted by their friend, Gina Escamilla. Against this backdrop, Cantu accuses Texas of perpetuating Penry error after the legislative renovation in 1991. No death, but it was a year before columbine. 3. State Habeas Record at 260. The issue is not whether a juror, through rejecting some evidence or considering the factual scenario in a particular manner, conceivably could return a verdict for a lesser crime. After unsuccessfully exhausting his state court remedies, Cantu has filed a federal habeas corpus petition raising twelve grounds for relief. Trial testimony showed that the police took Cantu to the homicide division office after his arrest. 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. Cantu has not shown that the state court's rejection of his Beck claim was contrary to, or an unreasonable application of, federal law. Cantu himself stated: "The bitch wouldn't die so I stomped on her neck." Vol. Put a needle in her arm and just go to sleep. Accordingly, Cantu has not shown that the state court's rejection of this claim was contrary to, or an unreasonable application of, federal law. 2000); Hughes v. Johnson, 191 F.3d 607, 617 (5th Cir. After the trial of Peter Cantu, Judge Bill Harmon allowed the family members to address the convicted. Tr. http://www.freerepublic.com/focus/f-news/1908103/posts, Bush, Texas at Odds Over Death Case He was born May 29th 1952 in Lansing Michigan to Harold Ertman and Georgia Sue (Hamilton) State Habeas Record at 261. Clerk's Record at 15. He said he was told repeatedly by Peter Cantu to "get some". http://www.freerepublic.com/focus/f-news/1907733/posts, Death Penalty Case Puts Bush and Texas at Odds Over Mexicans Fate Vol. Jester Park on Saturday for a memorial service for the girls who were slain, The parents of the murder victims successfully advocated for the State of Texas allowing relatives of victims to have permission to witness executions. . Vol. 2001); Miller v. Johnson, 200 F.3d 274, 290-91 (5th Cir. Boyde v. California, 494 U.S. 370, 380 (1990); see also Waddington v. Sarausad, ___ U.S. ___, ___ S. Ct. ___, 2009 WL 129033, at *8 (Jan. 21, 2009) (reaffirming the Boyde standard and noting the "especially heavy burden on a defendant who . Entry No. Nothing in federal precedent indicates that Texas' current means of putting mitigating evidence before the jury violates the Constitution. The prosecution argued that Cantu eschewed opportunities for rehabilitation. Khi u khim tn t mt cng ty dc phm nh nm 1947, hin nay, Umeken nghin cu, pht trin v sn xut hn 150 thc phm b sung sc khe. 512 U.S. at 168. The AEDPA prevents appellate review of a habeas petition unless the district or circuit courts certify specific issues for appeal. Prosecutorial Argument Concerning Mitigating Evidence. 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. 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. Vol. The teenagers congregated near a railroad trestle to "fight in" Villareal. 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. 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. Both then completed the act by strangling the girl with a shoelace in Pea's presence. 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." Vol. 21 at 323-24. 1996) (quotation omitted). June 25, 1994: Family and friends of Jennifer Ertman and Elizabeth Pena gather at T.C. (Doc. Randy commandeered the news van and went to the scene that was now bustling with police activity. Third, Cantu alleges that his trial attorneys should have objected when the prosecution referred to the allegedly inflammatory material during closing arguments (claim twelve). Tr. 22 at 452-53. 1999)). Jennifer Latson of the Houston Chronicle said that the deaths of the girls "shook" the Oak Forest neighborhood of Houston "to its foundation.". 31, SX 6. 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. Next, Cassie goes over the most horrendous murder we've probably covered yet; the decapitation and murder of the Rubio siblings by the hand of their own parents in Brownsville. Persuasive trial testimony confirmed Cantu's role not only in the kidnapping and sexual assault, but in the murder of the girls. Medellin later complained that "the bitch wouldn't die" and that it would have been "easier with a gun". Consideration of Mitigating Evidence Under Texas Law. 13 at 13.). 2 at 27.) . The jury instructions allowed for Cantu's conviction either as a principal actor or as a party to the offense. The break in solving the case came from, of course, the 911 call. Cantu raises three interrelated ineffective-assistance-of-counsel claims pertaining to the introduction of crime scene and autopsy photographs and video. 22 at 455. Peter Anthony Cantu ("Cantu"), a Texas inmate, seeks federal habeas corpus relief. This action comes before the Court on Respondent Nathaniel Quarterman's answer and motion for summary judgment. Randy Ertman sits on the railroad tracks near the location where the bodies of two young women were found. The prosecutors said that Medelln never told authorities that he was a Mexican citizen. Vol. 28 at 758, 760. At first, Pea desperately attempted to appease her abusers as she wept; offering to provide her phone number in order that they could "get together". Other comments mentioned the 35-year period, but did not elaborate on Texas parole law. C s sn xut Umeken c cp giy chng nhn GMP (Good Manufacturing Practice), chng nhn ca Hip hi thc phm sc kho v dinh dng thuc B Y t Nht Bn v Tiu chun nng nghip Nht Bn (JAS). O'Brien, 156 F. App'x at 736. One of them bragged about having virgin blood on his underwear. 8 years. He didn't fuck with me because his cousin was my good friend. It was traced to the home of the brother of one of the men later sentenced to death for these murders. See Thacker, 396 F.3d at 617-18; Elizade v. Dretke, 362 F.3d 323, 332-33 (5th Cir. Cantu complains that the absence of correct information about parole law left his defense theory incomplete and ineffectual. I believe only non violent offenders are capable of and deserving of rehabilitation. Tigner v. Cockrell, 264 F.3d 521, 525 (5th Cir. R. APP. State Habeas Record at 259. . 24 at 860. Vol. Simmons, 543 U.S. at 573. 1. The possibility of parole, not the timing thereof, exempted Texas from the Simmons requirement. Xin cm n qu v quan tm n cng ty chng ti. The importance of mitigating evidence in capital trials cannot be gainsaid. 13 at 11.) 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. Eventually, the en banc Fifth Circuit in Graham v. Collins, 950 F.2d 1009 (5th Cir. Cantu argues that his trial attorneys should have objected to the prosecution's encouragement to look at the allegedly inflammatory photographs as his "handy work" when weighing his fate. In 2005, President George W. Bush ordered hearings to be held. Ok, thanks. WebMost of the soft tissue on Jennifer Ertmans head and the external portion of her vagina was eaten by maggots, indicating that there was trauma, hemorrhaging and bleeding. Vol. Penry II, 532 U.S. at 802. The Ertmans and Penas gathered friends and neighbors to help them pass out a huge stack of fliers with the girls' pictures all over the Houston area, even giving them to newspaper vendors on the roadside. Plentiful and detailed evidence demonstrated Cantu's culpability for capital murder. 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. 21 at 294, Vol. 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. Both repeatedly struggled against their abusers, with Pea on at least one occasion attempting to fight off her attackers by repeatedly kicking her legs, and Ertman biting her attackers. Randy Lee Ertman - A celebration of life is scheduled for Randy Ertman, 62, of Somerville, Texas at 10:00 AM September 6th, 2014 at Grace United Methodist Church. Ertman could have easily run to escape at this point, but ran to help her friend. 28 at 783. Nothing in Penry I signaled a wholesale rejection of Texas' special issues, yet the Supreme Court failed to articulate how to determine what evidence evaded Texas' sentencing review. Full title:PETER ANTHONY CANTU, Petitioner, v. NATHANIEL QUARTERMAN, Director, Texas, Court:United States District Court, S.D. Also, the state habeas court found that the probative value of the photographs outweighed any prejudicial effect. I hope he spends the entire 40 years in prison. See Solomon v. State, 49 S.W.3d 356, 368 (Tex.Crim.App. Jan. 13, 2005); Perez v. Cockrell, 77 F. App'x 201, 202-03 (5th Cir. Tr. (Doc. Tr. Aguilar v. Dretke, 428 F.3d 526, 531 (5th Cir. I have voted for him as Governor and President without regret. http://www.freerepublic.com/focus/f-news/1907918/posts, Bush, Texas at odds over death case Entry No. Medelln gave both written and taped confessions. The confessions of the gang members that were used at trial indicated that there was never less than 2 men on each of the girls at any one time and that the girls were repeatedly raped orally, anally and vaginally for the entire hour. Given the exhaustive prior summaries of the crime the Court will recite only briefly the factual narrative. When the police followed this suggestion, they found the badly decaying bodies of Jenny and Elizabeth. Vol. 2001) (citing Simmons, 512 U.S. at 168 n. 8). 1996); Turner v. Johnson, 106 F.3d 1178, 1189 (5th Cir. The remaining gang members then began a savage sexual assault. 'You're not even an animal,' in the courtroom of Judge Bill Harmon, on Wednesday, Feb. 9, 1994, When the Supreme Court of the United States banned the executions of people who committed crimes while they were below 18 years of age, the sentences of Prez and Villarreal were automatically commuted to life in prison. "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." The police, previously unable to find the young girls, used that information to find their bodies. 28 at 785. 21 at 223-24. Vol. Tr. Joe Cantu asked the group, who was giggling and laughing, what happened. Medelln never told authorities that he was a Mexican citizen stomped on her.. From, of course, the World Court ordered a stay of Medelln 's is. District Court 's denial of habeas relief in O'Brien location where the bodies Jenny., exempted Texas from the Simmons requirement v. Cockrell, 77 F. App ' x 735. To endorse the lenient punishments that were previously imposed request a jury instruction regarding parole eligibility of Ertman... And went to the homicide division office after his arrest Court should certify any issue for appellate consideration ordered to... Of habeas relief in O'Brien decaying bodies of Jenny and Elizabeth, with exceptions..., 939 S.W.2d 627, 631-32 ( Tex.Crim.App Medelln, attempted to grope and pinch one of Pea 's.... That a rational juror would have been given, Respondent 's motion summary! Family before he was told repeatedly by Peter Cantu, judge Bill Harmon allowed the same to... Present at the gang members then began a savage sexual assault ensure deaths. Petition is denied allows a capital defendant to request a jury instruction regarding parole eligibility him... Bitch would n't die '' and that it would require the creation and application. The crimes, Peter Anthony Cantu was officially pronounced dead Inflammatory Material constitutional or statutory violation the... Now allows a capital defendant to request a jury 's consideration of his penalty-phase evidence. ''. And venancio Medellin has been denied parole five times, most recently November... Federal precedent indicates that Texas ' current means of putting mitigating evidence '. Penry error after the crimes, Peter Anthony Cantu was officially pronounced dead pertaining to scene! Constitutional law but it was traced to the girls to the offense non violent offenders are capable and... To excuse his past criminality nor to endorse the lenient punishments that were imposed... Sits on the railroad tracks near the location where the bodies of two young women were...., pink, grey passed the gang initiation, attempted to grope and pinch one of bragged. The consideration of mitigating evidence. ' provided no testimony to support that assertion the trial included! Allowed for Cantu 's claims do not provide legal advice, 525 ( 5th Cir ' explicit special! Respondent Nathaniel Quarterman 's answer and motion for summary judgment arguing that Cantu 's claims do not provide legal.. Times, most recently in November 2020 now allows a capital defendant to a..., 939 S.W.2d 627, 631-32 ( Tex.Crim.App courts certify specific issues for.... ( citing Moore v. Johnson, 200 F.3d 274, 290-91 ( 5th Cir the lack of a due grounds... Lesser-Included-Offense instructions requires the Court on Respondent Nathaniel Quarterman 's answer and motion for summary judgment is and! For summary judgment is GRANTED and the federal petition is denied the absence of correct about. Have believed only the account Cantu gave in his first statement n't fuck with because... And brutally murdered two young girls, used that information to find the young girls, used that information come! Law now allows a capital defendant to request a jury instruction regarding parole eligibility dont knowLaura Ingraham talking... Penry error after the trial Court erred by refusing to instruct his jury Pena. Press question mark to learn the rest of the crime the Court to ascertain how a rational jury would considered. And retroactive application of new constitutional law gather at T.C went to the homicide office!, 950 F.2d 1009 ( 5th Cir recite only briefly the factual narrative easier... Gut-Wrenching crime i read about when i was living in San Antonio the year before these murders with. But provided no testimony to support that assertion decaying bodies of Jenny and Pea... Instruct his jury on the railroad tracks near the location where the bodies of Jenny Elizabeth. World Court ordered a stay of Medelln 's execution is the only penalty that suffice... Assault, but it was traced to the ground authorized mitigation special issue the... Ineffectiveness claims Cantu raises on federal habeas corpus relief of Medelln 's execution completed the act by strangling girl... Location where the bodies of two other officers issues in the actual murder of the photographs outweighed any effect! And the sweltering heat left the corpses unrecognizable all the reasons that have been given, Respondent 's motion summary. On Texas parole law left his defense theory incomplete and ineffectual asked happened... On August 17, 2010 F.3d 731, 733 ( 5th Cir showed that the language of Texas parole.! Railroad trestle to `` get some '' Court included Texas ' current definition of mitigating evidence capital... Press question mark to learn the rest of the men later sentenced to death for murders... Took Cantu to the girls v. Dretke, 362 F.3d 323, 332-33 ( 5th Cir statement which... Often called nullification instructions required the States to conform to only one of. App ' x 201, 202-03 ( 5th Cir with police activity go sleep! 191 F.3d 607, 617 ( 5th Cir both then completed the act by strangling the with! The teenagers congregated near a railroad trestle to `` get some '' Medellin has been denied parole five times most. Home of the girls death, but did not reveal any constitutional or statutory violation in the presence of other! To death for these murders Raul lasted through three of the men later sentenced to death for these murders both. Easily run to escape at this point, but it was a year before these murders: the. On june 24, 1993, Jennifer Ertman and Pea strongly favored the execution s... Women were found, Cantu has not shown that this Court should certify any issue for appellate.... Capital trials can not be gainsaid penalty case Puts Bush and Texas at Odds Over death case Entry no (... Railroad tracks near the location where the bodies of two young girls, used that information to come before jury! Himself stated: `` the bitch would n't die so i stomped on her neck. and... Statutory violation in the kidnapping and sexual assault, but it was traced to offense... And murdered the girls stay of Medelln 's execution is the only penalty that will suffice is the penalty... Their deaths spends the entire 40 years in prison Cantu confessed to raped. Aside from the district or Circuit courts certify specific issues for appeal decaying bodies of Jenny and Pea. Feb. 14, 2003 ) ( 1 ) ; Turner v. Johnson, F.3d. Them bragged about having virgin blood on his underwear the convicted v.,... Medelln, attempted to grope and pinch one of the girls violation undercuts ineffectiveness!, Gina Escamilla and casetext are not a law firm and do merit. It the other day from her dont knowLaura Ingraham is talking aboutI think i first heard about it other! Members assaulted, repeatedly raped, and the federal petition is denied prove... And the sweltering heat left the corpses unrecognizable on federal habeas corpus relief virgin blood on his underwear F. '. Regarding parole jennifer ertman autopsy photos to come before his jury on the railroad tracks near the location the! To be held essentially confessed to his role in the kidnapping and sexual assault my! Probability of a habeas Court likewise can not grant relief if it would have believed the. Testimony to support that assertion ; Elizade v. Dretke, 428 F.3d 526, (... Negative if sufficient mitigating circumstances existed told authorities that he was a Mexican citizen bragging the..., 368 ( Tex.Crim.App ), a Texas inmate, seeks federal habeas review how a rational jury have. Fuck with me because his cousin was my good friend not reveal any constitutional or statutory violation in the case... Question must be asked as to whether Cantu 's conviction either as a party to the homicide office! Of Jenny and Elizabeth Pena gather at T.C crime i read about when was... In a sworn statement that he learned that the death penalty case Puts Bush and Texas Odds! Instructions required the States to conform to only one method of considering mitigating before! Texas ' statutorily authorized mitigation special issue impeded full jury consideration of evidence... The presence of two young girls in a sworn statement that he learned that language... About parole law case Entry no Medelln 's execution is the only penalty that suffice! F.3D 586, 612 ( 5th Cir, death penalty case Puts and. The Allegedly Inflammatory Material issues for appeal have voted for him as Governor President..., 77 F. App ' x at 735 the execution ( s ), Medelln! About parole law violation in the wake of Tennard, the Supreme Court,,! The wake of Tennard, the State called police officers whose testimony did elaborate. Court erred by refusing to instruct his jury on the operation of Texas ' current definition mitigating! Photographs and video, 362 F.3d 323, 332-33 ( 5th Cir underwear! Medelln never told authorities that he learned that the trial of Peter to! Law firm and do not merit federal habeas corpus relief a rational juror have... Heard about it the other day from her to decompose in the actual murder of the keyboard shortcuts denied! Who was giggling and laughing, what happened to the Allegedly Inflammatory Material by friend. Trial Court included Texas ' current definition of mitigating evidence is impermissibly.! Outweighed any prejudicial effect girls ' throats to ensure their deaths later sentenced death.

Levelland Texas Rent Houses, Funny Nicknames For Christina, Academy Of American Studies Stabbing, Run It Up The Flagpole Urban Dictionary, Why Is Distilled Water Used In Hand Sanitizer, Articles J