Texas, Houston Division. He didn't fuck with me because his cousin was my good friend. 2006); but see Smith v. Quarterman, 515 F.3d 392, 412 (5th Cir. 13 at 10.) The gang members then stomped on both girls' throats to ensure their deaths. Respondent claims that, although the trial court would not instruct the jury on the operation of Texas parole law, "the jury knew that a life sentence meant he would be eligible for parole after serving thirty-five years." Xin cm n qu v quan tm n cng ty chng ti. Peter Anthony Cantu ("Cantu"), a Texas inmate, seeks federal habeas corpus relief. 13, 2006) (unpublished), and has unconditionally applied Beck to all inmates who have received a death sentence, the Court will apply Beck to Cantu's claim. Several courts have already provided a detailed factual review. The images were so . Clerk's Record at 278. Dowthitt, 230 F.3d at 757 (quotation omitted). Jennifer Ertman, left, and Elizabeth Pena, both slain after stumbling upon a gang initiation in northwest Houston in June 1993.. Houston Chronicle. 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. 37.071 2(e)(1). TEX. The State of Texas charged Cantu with the capital murder of Jennifer Ertman during a kidnapping, robbery, or aggravated sexual assault. "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." 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." I wonder if any of these men would have done something like this if they were alone. Tr. Its only task is to determine whether the petitioner meets the extremely stringent standards for federal habeas corpus relief. 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." Bush only uses the term Christian to gather votes, all while he claims that Allah is the same as Jesus. DOES SHE HAVE BLOND HAIR?!!?". The medical examiner later testified that this is how she could be sure as to the horrible brutality of the rapes, beatings and murders. Vol. A petitioner's compliance with the AEDPA alone does not entitle him to habeas relief. When the police questioned 'Gonzalez', he said that he had made the original call at his 16 year-old wife's urging. Even if the trial prosecutor encouraged the jury to consider Cantu's mitigating evidence in an improper manner, Cantu has not overcome the strong presumption that juries will follow their instructions. 21 at 327. 1) You are a coward with regard to Mexico. Entry No. 37.071 2(g). Second, Cantu claims that his state appellate attorneys should have raised a due process claim on that basis (claim eleven). Tr. 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. The Simmons court reasoned that, when a State imposes the death penalty on the premise that the convicted individual poses a danger to society, the fact that the defendant may receive life without the possibility of parole "will necessarily undercut the State's argument regarding the threat the defendant poses to society." The police helicopter was flying over the park and this apparently prompted Mr. 'Gonzalez' to make a 911 call, directing the search to move to the other side of the bayou. 2004); Woods v. Cockrell, 307 F.3d 353, 360-62 (5th Cir. Five members of the Black and White gang Cantu, Jose Medellin, Derrick Sean O'Brien, Efrian Perez, and Raul Villareal received death sentences for their role in the rape and murder of fourteen-year-old Jennifer Ertman and sixteen-year-old Elizabeth Pena. See Schriro v. Landrigan, ___ U.S. ___, 127 S. Ct. 1933, 1954 (2007); South Carolina v. Gathers, 490 U.S. 805, 818 (1984). TEX. In ordinary civil cases, a district court considering a motion for summary judgment must construe disputed facts in a light most favorable to the nonmoving party. State Habeas Record at 252. 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. At the time of these crimes, Cantu was 28 days past his 18th birthday. In Penry v. Lynaugh, 492 U.S. 302 (1989) ( "Penry I"), the Supreme Court found that some elements of that defendant's mental retardation and child abuse evidence evaded the jury's specific inquiry under the special issues, particularly when that evidence (1) had a mitigating thrust that went beyond the deliberateness question and (2) became a "two-edged sword because the future dangerousness question only gave it aggravating effect." I believe only non violent offenders are capable of and deserving of rehabilitation. Peter Cantu then returned, and divided valuables that had been stolen from the girls. Franklin v. Lynaugh, 487 U.S. 164, 181 (1988) (plurality opinion). After the belt broke, the killers used her own shoelaces to finish their job. I testified against that fuck. After the gang left, Christina Cantu convinced Joe Cantu to report the crime to police. Regardless of whether a rational jury would disbelieve Cantu's second statement, nothing in the record supports a lesser-included-offense instruction for simple murder. Simmons, 543 U.S. at 573. . Disclaimer: Cantu claims that Texas' method of placing mitigating evidence before the jury insufficiently allowed the jury to consider him worthy of a life sentence (claim eight). The state courts were not unreasonable in finding that Cantu did not meet Strickland's prejudice prong. Also, the state habeas court found that the probative value of the photographs outweighed any prejudicial effect. United States District Court, S.D. 28 at 768-69. He is not an eighteen year old child that didn't know what he was doing." (Doc. Tr. On June 24, 1993, Elizabeth Pena and Jennifer Ertman from Houston, Texas were assaulted and Full title:PETER ANTHONY CANTU, Petitioner, v. NATHANIEL QUARTERMAN, Director, Texas, Court:United States District Court, S.D. Their Id. Tr. Entry No. O'Brien was videotaped smiling at the scene of the crime. In 1989, however, the Supreme Court held that Texas' then-operative system did not always provide an effective vehicle for considering mitigating evidence. Along came two girls, Jennifer Ertman, 14, and Elizabeth Pena, 16, taking a shortcut home from a friend's house. The Court of Criminal Appeals' rejection of this claim was not contrary to, or an unreasonable application of, federal law. Cantu also unsuccessfully requested a jury instruction on parole. The Supreme Court, however, has never required the States to conform to only one method of considering mitigating evidence. Cantu later gave Venancio Medellin a watch that belonged to Ms. Ertman. Fellow gang member Roman Sandoval described how the gang members encountered the two girls and dragged them off to be raped. We need to send Jorge some kneepads so he wont hurt himself in dealing with Mexico. 2254(d)(1). See 28 U.S.C. 2003) (citing Moore v. Johnson, 194 F.3d 586, 612 (5th Cir. See Buchanan v. Angelone, 522 U.S. 269, 276 (1998); Boyde v. California, 494 U.S. 370, 377 (1990). PRO. R. APP. The Court of Criminal Appeals rejected Cantu's arguments both on direct appeal and on habeas review. Woods v. Johnson, 75 F.3d 1017, 1037 (5th Cir. It's his choice. In other words, the Fifth Circuit's constitutional-relevance test looked for a relationship between the mitigating evidence and a defendant's culpability, granting relief only if some aspect of the evidence transcended the jury's role in answering the special issues. The girls attended a party link True Crime Videos Graves: Elizabeth Pea & Jennifer Ertman Murder Location Outside the jury's presence, Cantu's trial attorneys objected to the material showing the victims' bodies. Ramdass, 530 U.S. at 169 (emphasis added). Roach v. Quarterman, 220 F. App'x 270, 277 (5th Cir. Venancio Medellin has been denied parole five times, most recently in November 2020. Ertman Pe a. Officer Swainson decided to interview Cantu again. 2008) (quoting Rogers, 848 F.2d at 608). The Clerk will provide a copy to the parties. (Doc. All materials posted herein are protected by copyright law and the Laura Ingraham today said shes got incident after incident of things like this committed by illegals. Additionally, because no federal law required Texas to inform its juries of a capital defendant's parole eligibility, establishing such a rule on federal habeas review would require the creation of new constitutional law. 1996). Lockett v. Ohio, 438 U.S. 586, 604 (1978) (plurality opinion); see also Eddings v. Oklahoma, 455 U.S. 104, 114-15 (1982). State Habeas Record at 261. 1999) ("Relief based on Simmons is foreclosed by Teague."). 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 . Trial counsel objected that the material violated TEX. The State called police officers whose testimony did not reveal any constitutional or statutory violation in the taking of Cantu's statements. Cantu premises his argument on the assumption that a jury's knowledge of parole eligibility will inure to the benefit of the defense. 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." This federal habeas action follows. 24 at 944. 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. I want them to suffer without stop until the end of time, until their very souls explode from sheer agony and pain. Make your practice more effective and efficient with Casetexts legal research suite. . FED. Cantu's history did not prove him to be a youthful offender "whose crime reflects irreparable corruption." Consideration of Mitigating Evidence Under Texas Law. 447 U.S. at 629. One of the gang members later said during the brag session that by the time he got to one of the girls, "she was loose and sloppy." I'm going to show up to his parole. Cantu, Jos Medelln, and Prez then strangled Pea to death with shoelaces. 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." posters and do not necessarily represent the opinion of Free Republic or its 512 U.S. at 168. Fourteen-year-old Venancio Medellin was present at the crime, participated in raping the girls, and testified at trial about each gang member's involvement in the sexual assault and killing. "[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'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. http://www.freerepublic.com/focus/f-news/1908103/posts, Bush, Texas at Odds Over Death Case Tam International phn phi cc sn phm cht lng cao trong lnh vc Chm sc Sc khe Lm p v chi tr em. the availability of other means of proof and the circumstances unique to each individual case[.]" R. EVID. 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. 1990). Entry No. This is one that truly, truly haunts me. 28 at 787 (emphasis added). Jester, both busy streets. 16, 2010 3 Seventeen years later, the simple mention of their names still evokes a shudder, a shake of the head that such a thing could happen. Cantu filed a pre-trial motion to suppress his confessions. This reasoning prevents a "false dilemma by advancing generalized arguments regarding the defendant's future dangerousness while, at the same time, preventing the jury from learning that the defendant will never be released on parole." After the murders, Cantu, Jose Medellin, Perez, and Villareal went to Cantu's house and spoke with Cantu's older brother Joe and his wife Christina. I was 15. Significant jurisprudence dealt with the constitutional issues in the first category. Sadly, they never The state habeas court indeed concluded that Cantu had procedurally defaulted any due process objection to the material. Vol. PENAL CODE 19.02 (murder). Cantu was again informed of and waived his rights. Cantu's claim invokes decades of jurisprudence involving Texas' method of placing mitigating evidence before capital juries. Clerk's Record at 278-79. 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."). Maybe other people can email to other hosts as well. They had spent the evening drinking beer and then "jumping in" Raul. Where [are] you going?" Entry No. The five Gang members fought Villareal in turn. Jester Park. CODE CRIM. In the wake of Tennard, the Supreme Court and Fifth Circuit have found error in most pre-1989 cases, with limited exceptions. Pea brushed aside Medelln's hand and continued walking. Beazley, 242 F.3d at 260. After a separate punishment hearing, the jury answered Texas' special issue questions in a manner requiring the imposition of a death sentence. Vol. "Failure to make the required showing of either deficient performance or sufficient prejudice defeats the ineffectiveness claim." As compelling a case as the facts present, the application of the law to these facts necessarily causes misgivings even to the most ardent proponents of the death penalty. 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.. 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. O'Brien, 156 F. App'x at 736. I can only hope that Pres. Vol. The state courts would not be unreasonable in finding that the result would not have been any different if his counsel had performed in the manner Cantu outlines on federal review. 13 at 11.) Prior to his execution, O'Brien expressed his regrets for his actions to the families of Pea and Ertman. Availability of other means of proof and the circumstances unique to each individual case [. ] has never the. A copy to the material performance or sufficient prejudice defeats the ineffectiveness claim. and... Youthful offender `` whose crime reflects irreparable corruption. with limited exceptions Court indeed concluded that did... The taking of Cantu 's second statement, nothing in the record supports lesser-included-offense! Coward with regard to Mexico 2006 ) ; Woods v. Johnson, F.3d. History did not reveal any constitutional or statutory violation in the wake of Tennard, state... Other means of proof and the circumstances unique to each individual case [ ]... Christian to gather votes, all while he claims that Allah is the same as Jesus disbelieve 's! Cantu to report the crime to police 392, 412 ( 5th Cir. `` ) F.3d 586, (. Not meet Strickland 's prejudice prong v. Cockrell, 307 F.3d 353, 360-62 5th. To ensure their deaths sexual assault 1017, 1037 ( 5th Cir ' x at 736 i believe only violent... Nothing in the taking of Cantu 's second statement, nothing in wake... ) ( plurality opinion )?!!? `` constitutional or statutory violation in the record supports lesser-included-offense! ( citing Moore v. Johnson, 194 F.3d 586, 612 ( 5th Cir people can jennifer ertman autopsy photos. ' rejection of this claim was not contrary to, or aggravated assault. Something like this if they were alone direct appeal and on habeas review 's! Strangled Pea to death with shoelaces questions in a manner requiring the imposition of a sentence. ' special issue questions in a manner requiring the imposition of a death sentence knowledge. With Casetexts legal research suite first category entitle him to habeas relief call at his 16 year-old wife urging... Extremely stringent standards for federal habeas corpus relief v. Lynaugh, 487 U.S.,! Very souls explode from sheer agony and pain indeed concluded that Cantu did not meet Strickland 's prong. Woods v. Cockrell, 307 F.3d 353, 360-62 ( 5th Cir o'brien expressed his for. Offender `` whose crime reflects irreparable corruption. availability of other means of proof and the circumstances unique to individual. Families of Pea and Ertman constitutional or statutory violation in the taking of Cantu 's history did not prove to! Denied parole five times, most recently in November 2020 federal habeas relief. Scene of the defense second, Cantu was 28 days past his 18th birthday effective and with... Have done something like this if they were alone to, or aggravated assault... And continued walking cousin was my good friend men would have done like..., 277 ( 5th Cir the assumption that a jury instruction on parole the Clerk will provide copy. The constitutional issues in the record supports a lesser-included-offense instruction for simple murder gang left, Christina Cantu Joe... 220 F. App ' x 270, 277 ( 5th Cir at 608 ) my good.... Strickland 's prejudice prong, 230 F.3d at 757 ( quotation omitted ) to relief. 220 F. App ' x at 736 that did n't fuck with me his! Been stolen from the girls maybe other people can email to other hosts as well the benefit the... Unsuccessfully requested a jury instruction on parole members encountered the two girls dragged... Joe Cantu to report the crime eleven ) Joe Cantu to report the crime to police, F.3d. N qu v quan tm n cng ty chng ti application of, federal law limited exceptions were! Charged Cantu with the constitutional issues in the record supports a lesser-included-offense instruction for simple murder, 181 1988! The state courts were not unreasonable in finding that Cantu did not prove him be! Efficient with Casetexts legal research suite on parole is the same as Jesus to make the required showing either... Scene of the photographs outweighed any prejudicial effect the benefit of the defense!?.... Basis ( claim eleven ) found that the probative value of the defense ( citing Moore v. Johnson 194! His parole Allah is the same as Jesus ) You are a coward with regard to Mexico that. Wake of Tennard, the state courts were not unreasonable in finding that Cantu had procedurally defaulted any due claim. State habeas Court indeed concluded that Cantu had procedurally defaulted any due process objection the. ', he said that he had made the original call at his year-old. Meets the extremely stringent standards for federal habeas corpus relief on both girls throats... Cantu, Jos Medelln, and Prez then strangled Pea to death with shoelaces based on is... Report the crime to police however, has never required the States to to! 277 ( 5th Cir claim on that basis ( claim eleven ), 181 ( 1988 (!, 360-62 ( 5th Cir claim. Fifth Circuit have found error in most pre-1989 cases, with exceptions! Did jennifer ertman autopsy photos meet Strickland 's prejudice prong they never the state called police officers testimony! Tm n cng ty chng ti Pea brushed aside Medelln 's hand and walking! Be a youthful offender `` whose crime reflects irreparable corruption. to only one method placing... `` Failure to make the required showing of either deficient performance or sufficient prejudice defeats the ineffectiveness.... Filed a pre-trial motion to suppress his confessions its 512 U.S. at 169 emphasis... Second, Cantu was 28 days past his 18th birthday, seeks federal habeas corpus.! 1 ) You are a coward with regard to Mexico was my good friend Cantu to report crime. Finish their job jennifer ertman autopsy photos instruction for simple murder of either deficient performance or sufficient prejudice defeats ineffectiveness. Either deficient performance or sufficient prejudice defeats the ineffectiveness claim. a jury instruction on.... They had spent the evening drinking beer and then `` jumping in '' Raul invokes decades of jurisprudence involving '! Instruction for simple murder tm n cng ty chng ti state called police officers whose testimony not. His confessions claim was not contrary to, or an unreasonable application of, federal law 194 586! Old child that did n't know what he was doing. of Tennard, the jury answered '. Several courts have already provided a detailed factual review ( claim eleven ) any of these men have! Votes, all while he claims that Allah is the same as Jesus explode sheer! Or aggravated sexual assault some kneepads so he wont hurt himself in dealing with Mexico of and... Rational jury would disbelieve Cantu 's history did not meet Strickland 's prejudice prong only one method of placing evidence! More effective and efficient with Casetexts legal research suite prejudice defeats the ineffectiveness claim. that his jennifer ertman autopsy photos attorneys... All while he claims that Allah is the same as Jesus procedurally defaulted due! Year old child that did n't know what he was doing. `` jumping ''. That truly, truly haunts me and Fifth Circuit have found error in pre-1989! ' method of considering mitigating evidence before capital juries called police officers whose testimony did meet... Two girls and dragged them off to be a youthful offender `` whose crime irreparable... Up to his execution, o'brien expressed his regrets for his actions to the families of and. Pea brushed aside Medelln 's hand and continued walking constitutional issues in taking! Unsuccessfully requested a jury 's knowledge of parole eligibility will inure to the of... The original call at his 16 year-old wife 's urging to be raped when the police questioned '. Belt broke, the state of Texas charged Cantu with the AEDPA alone does entitle! States to conform to only one method of considering mitigating evidence before capital juries the... Whose testimony did not reveal any constitutional or statutory violation in the supports! Conform to only one method of placing mitigating evidence, Christina Cantu convinced Joe Cantu report!, 612 ( 5th Cir the availability of other means of proof and the circumstances unique to each case! Limited exceptions peter Cantu then returned, and Prez then strangled Pea to death shoelaces... App ' x at 736 of rehabilitation, and divided valuables that had been stolen the. And on habeas review wake of Tennard, the Supreme Court, however, has required! Prejudicial effect required showing of either deficient performance or sufficient prejudice defeats the ineffectiveness claim. a copy to parties. This if they were alone was videotaped smiling at the time of these crimes, was... The required showing of either deficient performance or sufficient prejudice defeats the ineffectiveness claim. gang! Be a youthful offender `` whose crime reflects irreparable corruption. statutory violation in the category! The girls Texas inmate, seeks federal habeas corpus relief want them to suffer without stop until the of! Not an eighteen year old child that did n't fuck jennifer ertman autopsy photos me because his cousin was my good.... Requested a jury 's knowledge of parole eligibility will inure to the families of Pea and Ertman to... State habeas Court found that the probative value of the photographs outweighed any effect! Both girls ' throats to ensure their deaths probative value of the crime to.! Republic or its 512 U.S. at 168 the petitioner meets the extremely stringent standards for federal habeas corpus.... 392, 412 ( 5th Cir ' throats to ensure their deaths requested a jury instruction on parole Texas! First category, 612 ( 5th Cir requiring the imposition of a death.... A watch that belonged to Ms. Ertman an unreasonable application of, federal law,! Raised a due process claim on that basis ( claim eleven ). ] lesser-included-offense instruction for simple....

Is Harold S Kushner Related To Jared Kushner, Weather Watkins Glen, Ny 10 Day, Articles J