I imagine these sick fucks were all quite proud to share the details. I dont knowLaura Ingraham is talking aboutI think I first heard about it the other day from her. CODE CRIM. I want them to suffer without stop until the end of time, until their very souls explode from sheer agony and pain. 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. 2254(d)(1). 37.071 2(f)(4). In light of the discussion above showing no due process violation, the state court could reasonably find that no Strickland deficient performance or prejudice flowed from trial and appellate counsel's failure to couple their arguments with a federal law objection. While Cantu was not particularly talkative, he agreed with the statements made by the other gang members. Realizing that the girls would be capable of identifying them, Peter Cantu, the leader of the gang, ordered the members to kill the girls. Tr. The state habeas court was not unreasonable in finding that the failure to object did not impact his sentence. 2000); Hughes v. Johnson, 191 F.3d 607, 617 (5th Cir. WebThe graves of Jennifer Ertman and Elizabeth Pena are about 200 yards apart in Woodlawn Garden of Memories Cemetery. 1996). WebJennifer Elizabeth Texas Early Like any typical teen in the early 90's, Jennifer decorates her room with posters probably from magazines like "Tiger Beat" M Maria Narvaez Elizabeth State Habeas Record at 252. The Clerk will provide a copy to the parties. In rejecting similar claims, the Fifth Circuit has emphasized that Texas courts interpret the statute broadly, holding that "all mitigating evidence can be given effect" under the definition. Press question mark to learn the rest of the keyboard shortcuts. Entry No. Vol. Cantu's argument depends on the jury either disbelieving witness testimony that inculpated him of capital murder or viewing portions of the evidence in isolation. Entry No. Gang members fought Villareal in turn. Vol. Tr. However, Cantu objects that the instruction unnecessarily confined the jury's review to "evidence that a juror might regard as reducing the defendant's moral blameworthiness." 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. She felt sorry for the families and wanted them to be able to put their daughters' bodies to rest. Overwhelming evidence coming from Cantu, fellow gang members, and those to whom they confessed their crime inculpated Cantu in the capital murder. 13 at 10.) Cantu also makes no argument that his actions in participating in the murder did not rise to the level of "intentional" mens rea required for a capital murder conviction. "Congress enacted AEDPA to reduce delays in the execution of state and federal criminal sentences, particularly in capital cases, and to further the principles of comity, finality, and federalism[.]" 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. She was thrown to the ground by gang members Peter Cantu and Derrick Sean O'Brien. I was living in San Antonio the year before these murders. 28 at 666-67, 673, 770, 793. Jose Medellin said that they "had a lot of fun and it should come out on the news." Cantu asked the trial court to instruct the jury on three lesser-included offenses: murder, sexual assault, and/or kidnapping. Also, the record must contain some evidence that would permit the jury to find the defendant guilty of only the lesser crime. Tex. State Habeas Record at 261. After several gang members fought Villareal, the group started drinking. 1995) (citation and quotation omitted); see also Dowthitt, 230 F.3d at 737 n. 37 ("A state trial court may not . Having reviewed the record, the pleadings, and the law particularly the operation of the Anti-Terrorism and Effective Death Penalty Act's ("AEDPA") deferential standards the Court concludes that Cantu is not entitled to habeas corpus relief. Vn phng chnh: 3-16 Kurosaki-cho, kita-ku, Osaka-shi 530-0023, Nh my Toyama 1: 532-1 Itakura, Fuchu-machi, Toyama-shi 939-2721, Nh my Toyama 2: 777-1 Itakura, Fuchu-machi, Toyama-shi 939-2721, Trang tri Spirulina, Okinawa: 2474-1 Higashimunezoe, Hirayoshiaza, Miyakojima City, Okinawa. at 736. The prosecution introduced into evidence dental x-rays (SX 112, 146) and autopsy photos of the two victims to support the dental and medical examiners' testimony proving that Cantu kicked Ms. Ertman in the mouth as she was dying and that the gang members finished killing the girls by stomping on their neck (photographs of Elizabeth Pena: SX 113, 115-18, 120, 122-29, 142, 143, 149-51; photographs of Jennifer Ertman: SX 120, 133-34, 136-37, 139-43). In the wake of Tennard, the Supreme Court and Fifth Circuit have found error in most pre-1989 cases, with limited exceptions. 1997). Capital defendants in Texas state court now face two possible sentences: (1) the death penalty or (2) a sentence of life imprisonment without the possibility of parole. Cantu has not shown any constitutional error in the taking of his statements. No reasonable probability of a different result would have occurred had trial or appellate counsel made an additional objection on due process grounds. 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." State Habeas Record at 260. 2. The admissibility of evidence is generally a matter of state evidentiary law. Both victims were badly decaying, and dental records were used for identification. . He extended his violent acts into the prison setting. I believe only non violent offenders are capable of and deserving of rehabilitation. Bush is getting really BAD advice from an staffer and will come to his senses soon. 28 U.S.C. Tr. Vol. I have voted for him as Governor and President without regret. Roman Sandoval testified that Cantu called him after the murders and essentially confessed to having raped and murdered the girls. Cantu claims that the trial court violated his constitutional rights by not allowing for his conviction for less-serious offenses. Vol. That guy was a fucking monster. The state habeas court concluded that the allegedly inflammatory statements were not made in error because they "properly summarized the evidence of the circumstances of the offense, made a reasonable inference that the jury would likely never forget those images, and properly presented a plea for law enforcement by urging the jury to `think about the two children in here that all you got left of them is right here.'" The Fifth Circuit refused to grant a Certificate of Appealability from the district court's denial of habeas relief in O'Brien. Clerk's Record at 15. Autopsy The prosecution's comment in this regard asked the jury to weigh Cantu's fate against that which he delivered to the victims: "[W]hen you consider the defendant and you hear all the facts and circumstances . Five individuals were convicted of the assaults, rapes, and murders in five different trials. Cantu now claims that the trial court violated the Constitution by limiting his ability to support the third argument, that he would not be violent if he became eligible for parole after a lengthy imprisonment. 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. Did one of the culprits confess with that much detail? He then clasped his arm around Pea's neck, threw her to the ground and dragged her down a gravel decline in the direction of the other gang members as Pea screamed and pleaded for help. Cantu, Medelln, Prez, and Villarreal then met at Cantu's residence, where he lived with his brother, Joe Cantu, and sister-in-law, Christina Cantu. The prosecutor then continued describing in grisly detail how Cantu participated in killing the girls, culminating in the statement: "He is not a child, he [has] made choices. [not to] kill this child." . To be sure, other young men in similar circumstances would not have participated in cold-blooded murders. See Schriro v. Landrigan, ___ U.S. ___, 127 S. Ct. 1933, 1954 (2007); South Carolina v. Gathers, 490 U.S. 805, 818 (1984). refuse a lesser-included offense instruction `if the jury could rationally acquit on the capital crime and convict for the noncapital crime. Vol. As Ertman was murdered, Pea was forced to watch her friend's death as other gang members held a ligature around her own neck. 21 at 299-300. Peter Cantu probably would've. 1996); Turner v. Johnson, 106 F.3d 1178, 1189 (5th Cir. Vol. All were sentenced to die. At the time of these crimes, Cantu was 28 days past his 18th birthday. He was born May 29th 1952 in Lansing Michigan to Harold Ertman and Georgia Sue (Hamilton) Vol. "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." 24 at 868-69, 902, 920-21. 37.071 2(e)(1); Clerk's Record at 289. 2254(d) "does not require federal habeas courts to grant relief reflexively"). Tr. The prosecution filed a motion in limine asking the trial court to preclude "any direct or indirect reference whatsoever" to Texas parole law. Tr. Teague v. Lane, 489 U.S. 288 (1989), thus bars relief on these claims. "It is not enough that the jury may disbelieve crucial evidence pertaining to the greater offense. The record does not prove that a rational jury would have believed only the account Cantu gave in his first statement. Although Cantu had been a continuing disciplinary problem, expelled from three schools and given to threats of violence, nothing about his life even began to approach the depravity of his conduct on June 24, 1993. 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. Strickland only commands relief when an inmate shows a reasonable probability of a different result. The gang members said that both girls were "killed the same way . See Alexander v. Johnson, 211 F.3d 895, 898 (5th Cir. Vol. The prosecution also used the allegedly inflammatory evidence to support testimony from: (1) two dentists who identified the victims from dental records and (2) a Harris County Assistant Medical Examiner who performed the autopsy. 21 at 298. 21 at 116-11. The trial court reviewed the other photographs, found that they were essential to explain the medical examiner testimony, and discussed with the prosecution how to best present the photographs without shocking the jury. 22 at 569-72. He then apologized to his own family before he was executed by lethal injection. Until the Texas state legislature could revise the capital sentencing scheme to comply with Penry I, courts attempted to correct the statutory inadequacy through jury instructions. Also, the state habeas court found that appellate counsel did not violate the Constitution by not attacking trial counsel's failure to object. Until their very souls explode from sheer agony and pain refused to grant a of. Other gang members, and murders in five different trials after several gang said. Noncapital crime claims that the trial court to instruct the jury could rationally acquit on the capital.!, 617 ( 5th Cir not enough that the jury to find the defendant guilty of only the crime. 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