Pursuant to the jury's answers to the special issues set forth in Texas Code of Criminal Procedure art.
Thus, we deny a COA on this final issue. Two of the six assailants had their death sentences commuted to life in prison when the U.S. Supreme Court barred capital punishment for those who commit crimes under the age of 18. See Beazley v. Johnson, 242 F.3d 248, 260 (5th Cir.2001) (The definition of mitigating evidence does not limit the evidence considered under the third special issue (whether mitigating circumstances warrant a life, rather than a death, sentence).); see also Roach v. Quarterman, 220 Fed.Appx. 81(b)(2). "We could have put all of them in prison for life. The excerpt was also relevant as to the witness' credibility as it contradicted her testimony that she did not find the murders of Jennifer Ertman and Elizabeth Pena somehow funny or amusing. 16th murderer executed in Texas in 2010
Holdings: The Court of Appeals held that:
Cantu's final two arguments are both framed as claims of ineffective assistance of counsel. Not soon enough. Cantu argues that the latter standard in Neal is too onerous; however, he made no such argument to the district court in his habeas petition. The Bexar County Sheriff's Office released surveillance video of an attempted burglary on the Northwest Side on May 24, 2016. In related points of error fifteen, sixteen and seventeen, appellant argues that the trial court erred in denying his requested charges that the jury must give effect to mitigating evidence and that the jury must consider youth and mental health as mitigating. Second, given the extent of the other evidence supporting Cantu's conviction, reasonable jurists would not disagree with the district court's determination that Cantu has not shown that he was prejudiced by his counsel's failure to raise a due process objection. I'd do the same thing if I was in his position. Prior to the trial's opening statements, appellant objected that any testimony regarding the kidnapping, robbery, sexual assault, or murder of Pena constituted evidence of extraneous offenses. Why kill when we know that sometimes we don't get it right?" They knew they would be late if they took the normal path home, down W. 34th Street to T.C. pete cantu texas metal. 74(f). [APPELLANT:] May we have a running objection to the out of court statements, judge? In response to her friend's cries, Jennifer ran back to help, but appellant grabbed her and dragged her down the hill as well. 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. However, the erroneous admission of M. Pena's testimony as to her daughter's character and activities was harmless beyond a reasonable doubt. 106, 133 L.Ed.2d 59 (1995); McBride v. State, 862 S.W.2d 600, 610-11 (Tex.Crim.App.1993), cert. ), cert. For the following reasons, we decline to issue a COA on any of those issues. (Direct Appeal). Cantu's assertion, however, invites us to look only at a single item of evidence and to ignore all of the remaining evidence in the case. Elgin, Texas. Appellant's tenth and eleventh points of error are overruled. A visitation will be held from 10:00 AM to 11:00 AM with a Holy Rosary to be recited at 11:00 AM on Monday, February 21, 2022 at Holmgreen Mortuary, 2061 E. Main St., Alice, TX. 2597, 115 L.Ed.2d 720 (1991), the United States Supreme Court recognized that prior jurisprudence dictates that a capital defendant must be treated as a uniquely individual human being. Payne, 501 U.S. at 822, 111 S.Ct. The five killers were tried for capital murder in Harris County, Texas, convicted and sentenced to death. Think about the ordeal of those two young girls right here. At age 11, he got caught stealing a bike from a younger boy. McFarland v. State, 845 S.W.2d 824, 844 (Tex.Crim.App.1992), cert. [THE STATE:] So, at some point did they move on from talking about what they did to them sexually and tell you that they killed them? The murders of Elizabeth Pena and Jennifer Ertman affected Houston deeply. She's been a part of the famous Texas Metal cast since the beginning. Texas Metal (2017-2021) Full Cast & Crew See agents for this cast & crew on IMDbPro Series Writing Credits Series Cast Series Produced by Series Music by Series Cinematography by Series Film Editing by Series Production Management Series Sound Department Series Camera and Electrical Department Series Casting Department Series Editorial Department Plus, appellant objected at the punishment stage to the testimony of Pena's mother, M. Pena, who testified as to her daughter's good character, the search for her daughter, and the impact the disappearance had on the rest of the family members. denied, 510 U.S. 997, 114 S.Ct. The trials of Efrain Perez, Raul Villarreal and Jose Medellin were held simultaneously, with common witnesses shuttling from one courtroom to the other. First, he asserts that he received ineffective assistance because his trial counsel failed to object on due process grounds-though counsel did object on evidentiary grounds-to the court's admitting photographs of the victims' bodies and of the crime scene as found by the investigators. Burial will follow at El Coyote Cemetery in Orange Grove, TX. HUNTSVILLE, Texas (AP) Randy Ertman knows the road to the Texas death chamber too well. No crime warrants a sentence of death. They were forced to perform oral sex. The Forbes 400 net worth cut off this year was a record-high $2 billion. A memorial for them was also placed at T.C. Appellant argues, in essence, that the prosecutor misstated the law. In response to her friends cries, Jennifer ran back to help, but Cantu grabbed her and dragged her down the hill as well. Man arrested after police say he stole vehicle of deputy who was chasing him on foot, More than 21K CPS Energy customers lose power due to storms, Texas mom accused of killing her children has history of violence, Pedro Cantu III booking photo from Guadalupe Co. 2. On that June night, the girls were hoping to beat an 11:30 p.m. curfew by taking a shortcut home to Pena's northwest Houston neighborhood. Pete will be remembered for his infectious laugh and loving personality. Two members also have been executed and two others are serving life prison sentences. John was born February 14, 1952 in Victoria to Francisco Cantu and Andrea Flores Cantu. Other than reurging his assertion that his trial counsel rendered ineffective assistance for failing to object to the prosecution's argument, Cantu raises no additional argument in his petition for COA. Shaw, a former employee, was caught on camera Sept. 14 taking a pallet of meat with an estimated value of more than $6,400 dollars from the company, 1325 S. Brazos St., according to an arrest warrant affidavit. Location: Houston, TX. Martinez was appellant's second witness at the punishment phase of trial. Hence, the Supreme Court removed the Eighth Amendment bar to evidence about the victim and evidence about the impact of the murder on the victim's family created by Booth v. Maryland, 482 U.S. 496, 107 S.Ct. "It does make a little difference. He did not acknowledge the victims families and he had no personal witnesses attending the execution. Archived from the original on June 6, 2022.
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Rule App. In memory of Peter Cantu 27.05.1975 - 17.08.2010. . The group then headed towards some nearby railroad tracks. Cantu additionally argued to the district court that he was entitled to a lesser-included instruction on simple murder; however, he does not argue that he is entitled to such an instruction in his petition for COA. Also gone is natural gas pioneer George Mitchell, who passed .
1978, 131 L.Ed.2d 866 (1995). ), cert. If you decide that an aspect of the Defendant's character and record or circumstances of the crime is a mitigating circumstance, you must not give it aggravating effect. 36th murderer executed in U.S. in 2010 1224th murderer executed in U.S. since 1976 16th murderer executed in Texas in 2010 . At his sentencing for the Ertman-Pena case, the judge asked Cantu if there was any reason the sentence shouldn't be imposed. Appellant's fourteenth point of error is overruled. 1115, 130 L.Ed.2d 1079 (1995); McFarland, supra. Wasn't no pain. It affected more than just Melissa and me and Randy and Sandy.". Appellant's failure to request a special verdict form at trial bars him from now complaining on appeal under Almanza v. State, 686 S.W.2d 157 (Tex.Crim.App.1984), since no egregious harm to appellant has been shown. For 24 years, Metal Depot has been serving Southeast Texas with the best quality metal materials for commercial, industrial, and residential needs.
In support of his argument, appellant explains that prior to trial, he filed a Motion to Provide Funds for Expert Assistance-Jury Study. By his motion, appellant proposed that the trial court should provide him funds with which he could hire a scholar who would study a sample of jurors and their understanding of the special punishment issues.
He is a child, he is eighteen, and that's what this is about. Roland Gonzales is suspected of stealing more than $100 worth of steak from H-E-B. Furthermore, once the sentencer has found that the defendant is a member of the class made eligible for the death penalty, it may be given unbridled discretion in determining whether the death penalty should be imposed. For those who so desire you may make memorial contributions in his memory to the charity of your choice. 2914, 115 L.Ed.2d 1078 (1991); Tex. The district court, in turn, evaluated the state court's conclusion that the arguments were proper under the due process standard.
Here's a full rundown of the teams, drivers, and their cars. ", Randy and Sandra Ertman did not speak to the press. He became notorious for trying to kick a TV cameraman recording his arrest. Pete Cantu, 82. We concluded that the trial court's decision to admit this testimony was not an abuse of discretion in that such testimony was within the zone of reasonable disagreement of evidence relevant to sentence. She screamed. Pete Cantu Rodriguez, born on January 16, 1964 in San Antonio, TX was called to be with The Lord on August 19, 2020 at the age of 56. Joe Cantu also testified as to the conversation of Joe, Efrian and Raul concerning the events of that night. 74(f). denied, 506 U.S. 999, 113 S.Ct.
2216 91st St, Lubbock, TX 79423 921 Adrian St, Lubbock, TX 79403 2311 49th St, Lubbock, TX 79412. After unsuccessfully appealing his conviction in state court and failing to obtain state post-conviction relief, Cantu filed a petition for habeas corpus in the United Stated District Court for the Southern District of Texas. Think about how cold the man is, how cowardly he is, how cruel he is.
Anderson v. State, supra, at 509-10. The 14-year-old, Venancio Medellin, was handled in juvenile court and given the maximum sentence, split between juvenile and adult prison facilities. However, enough tissue did exist for the medical examiner to determine that the girls had died of a trauma to the neck which was consistent with strangulation. The records clearly show that such jury argument was not a summation of the evidence, a reasonable deduction from the evidence, an answer to opposing counsel's jury argument, nor a plea for law enforcement. Appellant's thirty-ninth and fortieth points of error are overruled. 381, 121 L.Ed.2d 292 (1992). Appellant has shown no particularized need for this study. Owner at Last Note Productions. The extraneous offenses that were admitted included:
596, 111 S.W. To meet the first required showing, Cantu must demonstrate that his counsel's representation was unreasonable as determined by prevailing professional norms in light of the case's facts as viewed at the time of counsel's conduct and in light of our strong presumption that counsel rendered adequate assistance. [THE STATE:] And what would he say about that? There is no reason to treat such evidence differently than other relevant evidence is treated. See Webb v. State, 760 S.W.2d 263, 268 (Tex.Crim.App.1988), cert. Christina noticed that Villareal was bleeding and that Perez had blood on his shirt and asked them what happened. Johnson, supra, at 135. Two who were 17 when the girls were killed were spared the death penalty when the U.S. Supreme Court barred execution of people who were under 18 when they committed their crimes. * that appellant attacked a sixth grade teacher;
FN6. The jury's finding of guilt satisfied Tison and Enmund. He contends in his twenty-sixth point of error that the scheme is unconstitutional as applied in that it fails to channel the sentencer's discretion. Expressions of sympathy may be sent at www.schaetter.com. Tex. 1756, 95 L.Ed.2d 262 (1987). Point of error thirty-four is overruled. In points of error one and two, appellant complains that the trial court erred in overruling his challenge to the Texas death penalty scheme.
The United States District Court for the Southern District of Texas, 2009 WL 275172, denied petition. at 2609. Other cast members of the show are Spot and John. at 694, 104 S.Ct. They also knew they would have to pass a sexually-oriented business on that route and so decided to take a well-known shortcut down a railroad track and through a city park to Elizabeth's neighborhood. Specifically, appellant complains of the following argument:
And, finally, in point twenty-seven, appellant alleges that the scheme is unconstitutional as applied in that the future dangerousness issue does not encompass consideration of the act or conduct that formed the basis of conviction in any meaningful or standardized manner. Appellant combines all three of these points into one argument in which he basically alleges that the special issues do nothing to insure that the sentencer's decision was not an act of unbridled discretion.. denied, 506 U.S. 999, 113 S.Ct. See, Article 36.14, V.A.C.C.P.-The trial court shall deliver to the jury a written charge distinctly setting forth the law applicable to the case [. Appellant contends the State opened the door to testimony about parole eligibility in its cross-examination of Prof. James Marquart of Sam Houston State University by mentioning various capital murder defendants who committed violent crimes while in prison as well as two who committed murders after their release from prison. The state court concluded that Cantu's counsel's performance was not deficient because the prosecution's statements were proper under Texas law and did not inject new or harmful facts into the trial in light of the record as a whole. Are you going to kill him, because as we told you on voir dire he has a life sentence as soon as you found him guilty. art. Under Strickland v. Washington, Cantu must show: (1) that his trial counsel's performance was deficient; and (2) that the deficient performance prejudiced him.