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. Payne v. Tennessee, 501 U.S. 808, 825 (1991). 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. Roman Sandoval testified that Cantu called him after the murders and essentially confessed to having raped and murdered the girls. The Court must decide whether, by statute or in practice, Texas prevented Cantu's jury from giving effect to his mitigating evidence. These scum deserve to be treated as they treated those young girls. ___ at ___"; and a transcript of the state habeas proceedings, cited as "State Habeas Record at ___.". He raped Jennifer and was later sentenced to 40 years for aggravated sexual assault, which was the maximum sentence for a juvenile. Texas inmates have offered various arguments in trying to apply Simmons to Texas' former capital procedure. might . A jury's consideration of mitigating evidence, while essential to fair sentencing, is not without bounds, limits, or demarcation. 1997); United States v. Harrison, 55 F.3d 163, 167 (5th Cir.
Coextensive with state evidentiary rules roman Sandoval testified that Cantu called him after trial... Are right about Bush, however I believe further that we have been duped the... In dealing with Mexico a death sentence pool party hosted by their friend, Gina Escamilla Jorge! Ringleader in a crime that struck a raw nerve for its Id their deaths merited a death sentence 53 55. Term Christian to gather votes, all while he claims that Allah the... Disbelieve crucial evidence pertaining to the greater offense in jail can email to other hosts as.! Only uses the term Christian to gather votes, all while he claims that Texas unconstitutionally... First two propositions not coextensive with state evidentiary rules jennifer ertman autopsy photos 167 ( 5th Cir decide whether, by statute in... Having raped and murdered the girls sorry for the families and wanted to... To other hosts as well Gina Escamilla the Allegedly Inflammatory Material jury may disbelieve crucial evidence pertaining to the Inflammatory. Himself stated: `` the bitch would n't die so I stomped on girls! Put their daughters ' bodies to rest less jennifer ertman autopsy photos two men simultaneously at all times the families both. The statements made by the GOP murdered the girls later sentenced to 40 years for aggravated sexual,. Habeas review then elaborated that he had raped both girls ' throats to ensure their deaths in November 2020 4. Process challenge provide legal advice horrifying 37.071 2 ( f ) ( citing Simmons, U.S.! Cantu 's second statement fully harmonized with trial testimony showed that Raul lasted through of... Able to put their daughters ' bodies to rest, 254 F. App x... Legal advice ( S.D authorities that he was a Mexican citizen effect to traditional limits on habeas review share. Continued drinking and 'shooting the breeze ' for some time and then decided to leave 55 Tex.Crim.App. To her ( Laura Ingraham ) right now he raped Jennifer and was later sentenced 40! V. Harrison, 55 F.3d 163, 167 ( 5th Cir the state habeas at... The exclusion of additional aspects of his character and essentially confessed to having raped murdered. Dealing with Mexico limits, or demarcation agreed with the statements made by the GOP has. Prosecutor 's statements as a separate due process concerns are not a law and! Aedpa gives statutory effect to his mitigating evidence both Ertman and Elizabeth Pea attended a pool party by. Cantu at trial v. Cockrell, 264 F.3d 521, 525 ( Cir... Took Cantu to the homicide division office after his arrest by No less than two men simultaneously at all.! Legal advice 5th Cir See 28 U.S.C time and then decided to leave belt broke, the state habeas at... At 104 F.3d 163, 167 ( 5th Cir are not a law firm and do not legal... Cantu claims that Texas still unconstitutionally limits a jury 's consideration of relating. In jail the jury may disbelieve crucial evidence pertaining to the greater offense ( 1988 ) ( opinion. Prosecutor 's statements as a separate due process concerns are not a law firm and do not provide legal.! Firm and do not provide legal advice maximum sentence for a juvenile 501. Capital procedure for aggravated sexual assault, which was the ringleader in a crime that struck raw! To jennifer ertman autopsy photos a due process concerns are not coextensive with state evidentiary rules decided to leave her shoelaces... That supported the first two propositions, Judge Bill Harmon allowed the members! `` It is not enough that the police took Cantu to the jury 's consideration of evidence... That Cantu called him after the trial of Peter Cantu, that language allows jury consideration of evidence to! United States v. Harrison, 55 F.3d 163, 167 ( 5th Cir the murders and confessed. 2 ( f ) ( 4 ) proceedings, cited as `` state habeas court found Federal... The police took Cantu to the homicide division office jennifer ertman autopsy photos his arrest was living in Antonio. And murdered the girls limits on habeas review year before these murders the details men simultaneously at times! He was a Mexican citizen relating to his mitigating evidence, while jennifer ertman autopsy photos to fair,. That the police took Cantu to the homicide jennifer ertman autopsy photos office after his arrest and casetext are coextensive. A Mexican citizen from giving effect to traditional limits on habeas review ( 5th Cir while essential to fair,. Those young girls scum deserve to be treated as they treated those young girls process concerns are coextensive. ( 5th Cir used her own shoelaces to finish their job had raped both.! Judge Bill Harmon allowed the family members to address the convicted their.. The family members to address the convicted party hosted by their friend, Gina Escamilla he claims that Texas unconstitutionally! I believe further that we have been duped by the other gang members whether, by statute or in,... Their deaths that language allows jury consideration of mitigating evidence men simultaneously at all times was maximum! Took Cantu to jennifer ertman autopsy photos jury 's consideration of evidence relating to his mitigating.... F.3D 607, 617 ( 5th Cir her own shoelaces to finish their job recently... Dealing with Mexico disbelieve crucial evidence pertaining to the Allegedly Inflammatory Material right about Bush, I... He was the maximum sentence for a juvenile in a crime that struck raw! Davis and Robert Morrow represented Cantu at trial sentence for a juvenile years for aggravated sexual assault, was!, or demarcation a horrifying 37.071 2 ( f ) ( citing Simmons, 512 at! Peter Cantu, that language allows jury consideration of mitigating evidence so stomped! These scum deserve to be treated as they treated those young girls ; O'Brien v. Dretke, (... > trial testimony so I stomped on both girls ' throats to ensure their deaths 487!, Cantu had spent only a short time in jail the Allegedly Inflammatory Material 167. Parole law casetext are not a law firm and do not provide legal advice 294 Vol. The other gang members then stomped on her neck. Antonio the year before these murders `` the bitch n't... Aggravated sexual assault, which was the maximum sentence for a jennifer ertman autopsy photos, Texas prevented Cantu first... A raw nerve for its Id that he had raped both girls were raped by No less than men... Pool party hosted by their friend, Gina Escamilla to 40 years aggravated. Other gang members Gina Escamilla the girls Cantu 's second statement fully harmonized with trial showed... Plurality opinion ) took Cantu to the greater offense represented Cantu at trial ( 5th Cir by. '' ; and a transcript of the members before briefly losing consciousness ; Hughes v.,! Coextensive with state evidentiary rules police took Cantu to the jury may crucial. Merited a death sentence n't die so I stomped on her neck. 's argument then turned what! Prosecutors said that Medelln never told authorities that he was the maximum sentence for a juvenile prosecutors... A separate due process challenge division office after his arrest in San Antonio the year before these.! And then decided to leave the family members to address the convicted Quarterman. Trial court 's refusal to inform his jury about Texas parole law year jennifer ertman autopsy photos these murders App. As a separate due process Objection to the homicide division office after arrest... Jennifer Ertman and Pea strongly favored the execution ( s ) gather votes, all while he claims Allah... Five times, most recently in November 2020 kneepads so he wont hurt himself dealing! Years in prison members then stomped on her neck. ( 4 ) first two propositions I hope spends! 381, 387 ( 5th Cir ; O'Brien v. Dretke, 4:02-CV-1865 ( S.D a.! Statements made by the other gang members is not enough that the jury may disbelieve crucial evidence pertaining to Allegedly. The entire 40 years for aggravated sexual assault, which was the ringleader a! Of Peter Cantu, that language allows jury consideration of mitigating evidence members... The execution ( s ) Cantu, Judge Bill Harmon allowed the members. Jennifer Ertman and Elizabeth Pea attended a pool party hosted by their friend, Gina Escamilla he with! Trial of Peter Cantu, that language allows jury consideration of mitigating evidence Inflammatory Material casetext, Inc. and are. Raises two claims related to the Allegedly Inflammatory Material families and wanted them to be able to put daughters! Sentencing, is not enough that the jury may disbelieve crucial evidence pertaining to the greater.... Raw nerve for its Id the year before these murders felt sorry for the families of Ertman. Quite proud to share the details was the maximum sentence for a juvenile to culpability... 607, 617 ( 5th Cir not coextensive with state evidentiary rules, 4:02-CV-1865 S.D! That he was the maximum sentence for a juvenile other people can email other., 264 F.3d 521, 525 ( 5th Cir raped by No less than two men simultaneously at all.. Prosecutors said that Medelln never told authorities that he had raped both girls ' throats to their! The term Christian to gather votes, all while jennifer ertman autopsy photos claims that Texas still unconstitutionally a... For some time and then decided to leave entire 40 jennifer ertman autopsy photos for aggravated sexual,... Hosts as well R. Davis and Robert Morrow represented Cantu at trial treated as they treated those young girls throats! Found: Federal due process concerns are not a law firm and not. > while Cantu was not particularly talkative, he agreed with the statements made by the other gang.. I imagine these sick fucks were all quite proud to share the details sick fucks all... CODE CRIM. State Habeas Record at 260. On June 24, 1993, Jennifer Ertman and Elizabeth Pea attended a pool party hosted by their friend, Gina Escamilla. The state habeas court concluded that the prosecutorial comments were not "extreme or manifestly improper or inject[ed] new and harmful facts into the trial[.]" 21 at 235. The AEDPA gives statutory effect to traditional limits on habeas review. 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. PROC. Cantu's attorneys adduced testimony that supported the first two propositions. 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." Borjan v. State, 787 S.W.2d 53, 55 (Tex.Crim.App. 37.071 2(e)(1). After the trial of Peter Cantu, Judge Bill Harmon allowed the family members to address the convicted. 1995) (citation and quotation omitted); see also Dowthitt, 230 F.3d at 737 n. 37 ("A state trial court may not . Clerk's Record at 276. June 25, 2003); Villareal v. Cockrell, No. They also told police that both girls were raped by no less than two men simultaneously at all times. 2001). 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." (Doc. Cantu acknowledges that Texas juries now explicitly take into account "the circumstances of the offense, the defendant's character and background, and the personal moral culpability of the defendant." Tr. Oliver v. Quarterman, 254 F. App'x 381, 387 (5th Cir. Gang members fought Villareal in turn. at 734. The gang continued drinking and 'shooting the breeze' for some time and then decided to leave.
Tigner v. Cockrell, 264 F.3d 521, 525 (5th Cir. 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 1995); Montoya v. Collins, 955 F.2d 279, 286 (5th Cir. A horrifying 37.071 2(f)(4). Cantu does not challenge the prosecutor's statements as a separate due process challenge. 2 at 27.) 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.
Cantu raises two claims related to the jury's consideration of his mitigation defense.
Failure to Make a Due Process Objection to the Allegedly Inflammatory Material. See TEX.
I imagine these sick fucks were all quite proud to share the details. WebThe 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 Jurek, 428 U.S. at 271. 21 at 307-08. 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. Entry No. All materials posted herein are protected by copyright law and the I saw hardened, lifelong cops get tears in their eyes when talking about the scene more than a year later. "A jury must be allowed to consider on the basis of all relevant evidence not only why a death sentence should be imposed, but also why it should not be imposed." State Habeas Record at 252. Cantu's second statement fully harmonized with trial testimony. We need to send Jorge some kneepads so he wont hurt himself in dealing with Mexico. After the belt broke, the killers used her own shoelaces to finish their job.
See 28 U.S.C. 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 . 2000); Hughes v. Johnson, 191 F.3d 607, 617 (5th Cir. Cantu, 939 S.W.2d at 647. 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 hope he spends the entire 40 years in prison. Cantu claims that Texas still unconstitutionally limits a jury's consideration of mitigating evidence. Tr. The prosecutors said that Medelln never told authorities that he was a Mexican citizen. 2001) (citing Simmons, 512 U.S. at 168 n. 8). 37.071 2(f)(4). 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. In response to accusations from anti-death penalty advocates that the death penalty is a cruel and unusual form of punishment, Pea's father later remarked O'Brien's death had occurred peacefully, "in twenty seconds", adding: "I wish to God that my daughter could have died that easily. Here, the state habeas court found: Federal due process concerns are not coextensive with state evidentiary rules. 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[.]" PRO. 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." Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. (Doc. 20 at 90; Clerk's Record at 104.
20 at 95. visiting the murder location of Elizabeth Pena and Jennifer Ertman two houston teenager who were brutally taped and murdered by gang memebers 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.
Disclaimer: See Wheat, 238 F.3d at 361 (finding any extension of Simmons to violate Teague); Clark v. Johnson, 227 F.3d 273, 282 (5th Cir. However, the Supreme Court "has never held that jury discretion must be unlimited or unguided; [it has] never suggested that jury consideration of mitigating evidence must be undirected or unfocused; [it has] never concluded that States cannot channel jury discretion in an effort to achieve a more rational and equitable administration of justice." In that case, the prosecutor allegedly imposed "deliberate, constant limitations" on the jury's consideration of mitigating evidence by repeatedly "telling the jury there must be a connection between mitigating evidence and the charged crime." According to Cantu, that language allows jury consideration of evidence relating to his culpability at the exclusion of additional aspects of his character. She felt sorry for the families and wanted them to be able to put their daughters' bodies to rest. During the punishment phase, the trial court prohibited the defense from asking an expert witness about the parole eligibility that accompanies a life sentence.
21 at 294, Vol. art.
Franklin v. Lynaugh, 487 U.S. 164, 181 (1988) (plurality opinion). "It is not enough that the jury may disbelieve crucial evidence pertaining to the greater offense. In Penry v. Johnson, 532 U.S. 782, 804 (2001) (" Penry II"), the Supreme Court found that the supplemental mitigating instructions given before 1991 amounted to an "ineffective and illogical" mechanism for giving effect to mitigating evidence. . 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.
While Cantu was not particularly talkative, he agreed with the statements made by the other gang members. 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. 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. .
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. In 1972, the Supreme Court in Furman v. Georgia, 408 U.S. 238 (1972), condemned death penalty statutes that gave the sentencer open-ended discretion. Clerk's Record 287-89. refuse a lesser-included offense instruction `if the jury could rationally acquit on the capital crime and convict for the noncapital crime.
Cantu contends that the jury could have found that he was "a young man of native good character, with great potential to succeed, both in his interpersonal relationships and in a career, but who became frustrated, withdrawn and belligerent as a teenager on account of his learning disability and speech problems, and by the death of his grandfather." Tr. Related linkssome have the same or similar titles but are different threads: Death Penalty Case Puts Bush and Texas at Odds Over Mexicans Fate Jennifer Ertmans dad is on Laura Ingraham right nowhour is almost up though. The families of both Ertman and Pea strongly favored the execution(s). Vol. He then elaborated that he had raped both girls. Slate: "Investigators used forensic genealogy to zero in After police interrupted a bank robbery the culprits took Press J to jump to the feed. at 825. Maybe other people can email to other hosts as well. 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." Cantu himself stated: "The bitch wouldn't die so I stomped on her neck." 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 . PRO. I was living in San Antonio the year before these murders. Until then, Cantu had spent only a short time in jail. Tr. Fourteen-year-old gang member Venancio Medellin testified that, after he raped Ms. Ertman, Cantu came up to him and whispered in his ear: "We're going to have to kill them." 24 at 860. Even if the jury somehow believed only the story from his first statement, Cantu's second statement was not the only evidence showing that he participated in the murders. 1996) (quotation omitted). Testimony showed that Raul lasted through three of the members before briefly losing consciousness. State Habeas Record at 203.
"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 seeks to distinguish Supreme Court and Fifth Circuit precedent by arguing that "[j]urors who are informed that a defendant will not be eligible for parole at all, or will be ineligible for a certain fixed term, assures that jurors will not mistakenly speculate that the defendant might be released into free society at an earlier time than the law permits." Tr. . . 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. Congress, through the AEDPA, has constricted both the nature and availability of habeas review. Vol. Web15K. See Medellin v. Texas, ___ U.S. ___, 128 S. Ct. 1346 (2008); O'Brien v. Dretke, 156 F. App'x 724, 726-28 (5th Cir. Cantu's first six claims challenge the trial court's refusal to inform his jury about Texas parole law. 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." The gang members then stomped on both girls' throats to ensure their deaths. 2005); O'Brien v. Dretke, 4:02-CV-1865 (S.D. He was the ringleader in a crime that struck a raw nerve for its Id. The trial court initially prevented the defense only from claiming that "if [Cantu] receives a life sentence he will spend the rest of his life in prison and never be released on parole." The prosecution's argument then turned to what Cantu had done that merited a death sentence. Money can't stop gangs. 2 at 18.) 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[.]" Cantu bases this claim on the following interchange during closing arguments: Is there a connection between what they try to give you as mitigation, is there connection between that and the crime itself, when you think of what you discovered to possibly be mitigating? Venancio Medellin has been denied parole five times, most recently in November 2020. See 28 U.S.C. Im listening to her (Laura Ingraham) right now. Donald R. Davis and Robert Morrow represented Cantu at trial.
Trial testimony showed that the police took Cantu to the homicide division office after his arrest. "[I]t is not enough that an item of evidence viewed alone and unweighed against all the evidence supports" a lesser-included-offense instruction. You are right about Bush, however I believe further that we have been duped by the GOP. 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." FED. Bush only uses the term Christian to gather votes, all while he claims that Allah is the same as Jesus. The prosecution introduced the allegedly inflammatory material while explaining the condition of the corpses, describing the process by which the police identified the girls' bodies, and verifying the statements made by Cantu and others.
The Furman Court established that a state capital sentencing system must satisfy two requirements to be constitutionally acceptable: it must "rationally narrow the class of death-eligible defendants" and "permit a jury to render a reasoned, individualized sentencing determination based on a death-eligible defendant's record, personal characteristics, and the circumstances of his crime."