Please visit www.cbp.gov to view additional news releases and other information pertaining to Customs and Border Protection. Andrea Gorfolova. Does that cause the defendant's behavior? The totality of appellant's argument and authorities is as follows:
Notwithstanding this, the Ake Court, 470 U.S. at 83, 105 S.Ct.
The State can talk all day long about what a horrible person he is and how these girls, those children. Those children suffered a brutal killing. 5. the defendant's age and personal circumstances at the time of the offense;
We will address the points as they are presented to us. Tuilaepa v. California, 512 U.S. 967, 979-80, 114 S.Ct. denied, 506 U.S. 999, 113 S.Ct. Why kill when we know that sometimes we don't get it right?" 2630, 2639, 129 L.Ed.2d 750 (1994); Anderson v. State, supra at 508-09). Both wree sexually assaulted by the gang members, beaten, and strangled. He was born on June 9, 1980, in Stephenville, Texas to Jesus Cantu, Jr. and Maria Acuna. Finally and in the alternative, the district court noted that Cantu was not prejudiced by his counsel's failure to object because of the significant amount of punishment-phase evidence demonstrating Cantu's violence and the slim chance of his rehabilitation. The plea of not guilty may be made orally by the defendant or by his counsel in open court. or. Johnson v. Quarterman, 483 F.3d 278, 285 (5th Cir.2007). The juvenile, Venancio Medellin, pled guilty to his charge and his sentence was reviewed when he turned 18, at which time he was sent to serve the remainder of the sentence in prison. 440, 256 S.W.2d 86, 88 (1953); Tutor v. State, 599 S.W.2d 818, 819 (Tex.Crim.App.1980). Ertman tried to help. said Gloria Rubac, a death penalty abolitionist. "Three of the animals that did this are gone. Pete Cantu in Texas(TX) found with records in 36 cities. 52(a); see Davis v. State, 872 S.W.2d 743, 748, n. 11 (Tex.Crim.App.1994). denied, 510 U.S. 1215, 114 S.Ct. Munoz allegedly stole more than 100 beers, along with cigarettes and rolling paper at a Valero Corner Store in the 1200 block of Probandt Street, according to an arrest warrant affidavit. (806) 763-5556. The bodies were found six days later after Cantus brother, using an alias, phoned police. "How can you forget something like this? 1115, 130 L.Ed.2d 1079 (1995); McFarland, supra. 52(a); Janecka v. State, 823 S.W.2d 232, 243-244 (Tex.Crim.App.1990). 2/4/10 -- Cantu filed a petition for certiorari review in the U.S. Supreme Court. She bought the beer and went with the group, unwittingly heading to her death. Pedro was born on November 5, 1924 in Floresville, Texas to Vincente and Tiadosa Robles Cantu. 12/13/06 -- The Texas Court of Criminal Appeals denied state habeas relief. He. Director 2 Credits. In instances where mitigating evidence is presented, all that is constitutionally required is a vehicle by which the jury can consider and give effect to the mitigating evidence relevant to a defendant's background, character, or the circumstances of the crime. ", The case horrified Houston. With this standard in mind, we turn to Cantu's specific ineffectiveness arguments. To violate due process, an evidentiary ruling must result in a denial of fundamental fairness, and improperly admitting evidence will only justify habeas relief if the admission was a crucial, highly significant factor in the defendant's conviction. Neal v. Cain, 141 F.3d 207, 214 (5th Cir.1998).FN3. 803(23) as statements against interest, corroborated by appellant's own responding actions and the co-defendants' possession of the victims' jewelry and the blood on the co-defendants' clothing when they came to the Cantu residence. 4/21/10 -- The 178th District Court set Cantus execution date for August 17, 2010. He was born in Luckenbach, Texas on November 28, 1946, to Pablo and Patricina (Arizola) Cantu. If enough of any type of evidence exists in the record so that any rational trier of fact could have believed an issue to be true, then we need not know what a specific trier of fact believed. The phone transferred the photos to her online account, and she shared them on Facebook. At 6:09 p.m., lethal injection drugs entered Cantu's body. ), cert. The gang then drank beer and engaged in horseplay. Petitioner filed application for certificate of appealability (COA). denied, 510 U.S. 905, 114 S.Ct. ** residential re-roof- w/ no change to pitch/ removing existing shingles and replacing w/ same type/no other work being done/all work must comply w/irc & udc.-**ama, Fee: (10:41 PM CDT, August 17, 2010). 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. Associated Phone Numbers. Failure to make the required showing of either deficient performance or sufficient prejudice defeats the ineffectiveness claim. Strickland, 466 U.S. at 700, 104 S.Ct. Each of these requested charges should have been submitted to the jury to correct the otherwise unconstitutional nature of the issue on mitigation as discussed in Point of Error Fourteen. 869, 71 L.Ed.2d 1 (1982) and Lockett v. Ohio, 438 U.S. 586, 98 S.Ct.
As such, we hold that no error has been created by these events. denied, 506 U.S. 999, 113 S.Ct. Point of error twenty-two is overruled. Because the consideration and weighing of mitigating evidence is an open-ended, subjective determination engaged in by each individual juror, we conclude that Article 37.071 2(f)(4) does not unconstitutionally narrow the jury's discretion to factors concerning only moral blameworthiness as appellant alleges. 1676, 95 L.Ed.2d 127 (1987). Eight minutes later, he was dead. FN12. 463rd murderer executed in Texas since 1976. 596, 111 S.W. Use Next and Previous buttons to navigate. Agapito Pete Cantu LUBBOCK-Agapito Pete Cantu left this earth into the loving and gracious hands of Jesus on Dec. 5, 2012. Texas Department of Criminal Justice - Executed Offenders (Cantu), Cantu, Peter Anthony
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. The off-duty deputy, who was charged with driving while intoxicated, had fallen asleep inside the Whataburger before he was found asleep again by a Universal City police officer this time behind the wheel of a running pickup with a cold, open tall boy.Read more: Police: Deputy arrested for DWI ordered burger, fell asleep. We note that Article 37.071, Section 2(e) is essentially a codification of the dictates set out in Penry, supra, and has not been amended since its enactment, effective September 1, 1991. HUNTSVILLE The legal saga that began several days after the horrifying murder of two teenage Houston girls in 1993 came to an end Tuesday night with the execution of Peter Anthony Cantu, a former gang leader who all but ordered the execution of Jennifer Ertman and Elizabeth Pena. He's set to make the trip again, to witness for the third time the execution of one of the gang members responsible for the rape and murder of his teenage daughter and her schoolmate. In 1993, six gang members raped, killed, and brutally beat 14-year-old Jennifer Ertman and 16-year-old Elizabeth Pena beyond recognition. 3. the forethought and deliberateness exhibited by the crime's execution;
The law as to mitigation and otherwise comes from the jury charge rather than from argument of counsel. Location: Houston, TX. In point of error eight, appellant asserts that the trial court erred in admitting victim impact evidence. Specifically, he avers that because the indictment only named Ertman, allowing victim impact evidence (or any other evidence) regarding Pena was error. Tony was preceded in death by his parents, his wife Janie P. Cantu, brother Octavanio Cantu, sister Senaida Peralta and granddaughter Raquel Villa. See Darden v. Wainwright, 477 U.S. 168, 181, 106 S.Ct. Rosary for Mr. Cantu Sr., 86, of Abernathy, Texas, will be. Because we have this procedure set up, do we kill our children? Finding no reversible error, we affirm the judgment of the trial court. The lethal injection was started, and he was pronounced dead at 6:17 p.m. "Cantu executed for 1993 deaths of Houston teens," by Mike Tolson. Provide a detailed review of this contractor: ** residential re-roof- w/ no change to pitch/ removing existing shingles and replacing w/ same type/no other work being done/all work must comply w/irc & udc.-**ama, $26.50 paid to City of San Antonio, Texas, Re-roof permit no change in pitch deck or tile roof to comply w/udc and irc codes, City of San Antonio, TX Licensed Contractors. 84 Lumber. 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. 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. These girls went through an awful lot of pain when they died," said Adolfo Pena, father of Elizabeth. We will not revisit the issue here. 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.
At age 11, he got caught stealing a bike from a younger boy. Executed August 17, 2010 06:17 p.m. CDT by Lethal Injection in Texas. Appellant asserts in his forty-first point of error that the Due Process Clause of the Fourteenth Amendment requires this Court to engage in proportionality reviews of death penalty cases. Date Received: 03/18/94
3230, 106 L.Ed.2d 578 (1989); San Miguel v. State, 864 S.W.2d 493, 495-96 (Tex.Crim.App.1993), cert. The boys boasted about the rapes and killings. Booty Patrol' truck spotted in South Texas, San Antonio woman shows strength of single moms on 'Naked and Afraid', Kyle to open first Costco Wholesale this March, Former Boerne quarterback allegedly gave plays to other XFL teams, A one-of-a-kind Hill Country rooftop bar will be a cowboy's dream, WATCH: Drunk driver attempts to flee crash that killed a Texas cop, Massive alligator shocks South Texas locals in Atascosa County. His is . We hold that the inclusion of the latter instruction satisfied the constitutional deficiency appellant avers was created by the inclusion of the intoxication instruction. You are instructed that certain evidence introduced to you has been offered in mitigation of the Defendant's punishment. Further, the trial court did not admit all of the prosecution's proffered photographs and instead engaged in a process of weighing the probative value of each photograph against its likely prejudicial effect. Jester, both busy streets. The district court concluded that the state court's rejection of this argument was not an unreasonable application of federal law, and we conclude that reasonable jurists would not disagree with that determination. By continuing to browse or by clicking "Accept," you agree to our site's privacy policy. She'd been raped and eviscerated.
"They are still behind us. We disagree. At Cantu's trial, immediately before the sentence was pronounced, Judge Bill Harmon allowed Jennifer's father, Randy Ertman, to speak directly to Cantu. Condolences for the family may be offered at www.holmgreenmortuaryinc.com and shared via Holmgreen Mortuary Facebook. After the initiation concluded, two girls-Jennifer Ertman and Elizabeth Pena-stumbled upon the group. Thus, we turn to an analysis of whether the second prong of the test is met for any of the requested lesser included offenses. 315 followers. Proc. 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. 131, 133 L.Ed.2d 80 (1995); Willingham v. State, 897 S.W.2d 351 (Tex.Crim.App. Texas Metal is a reality TV program first debuted on 7th November 2018 on Velocity. [I]t is incumbent upon the defendant to show that in its operation the statute is unconstitutional as to him in his situation; that it may be unconstitutional as to others is not sufficient. Cantus execution was the third connected with the case. [F]irst, the lesser included offense must be included within the proof necessary to establish the offense charged, and, second, some evidence must exist in the record that would permit a jury rationally to find that if the defendant is guilty, he is guilty only of the lesser offense. "Just a bad, bad case.". A woman claims these photos were taken by the person who allegedly stole her purse, which had her smart phone inside. See Photos. 1997). Hence, a plurality of the court concluded that testimony by the sister of the victim concerning the victim's good nature, hobbies, and work ethic was not relevant to sentencing and, therefore, should not have been admitted. When they tested evidence, O'Brien's fingerprints were matched to some found on a beer can under Patricia's body at the murder scene. Rousseau v. State, 855 S.W.2d 666 (Tex.Crim.App. Cantu Roofing 922 Mildid Ave, San Antonio, TX 78211 Service: Roofing, Home Builders, Additions, Home Theaters, General Contractors Employees: Pedro Cantu (Owner) License: Texas #HR921199 Status: Active City: San Antonio Type: Home Improvement Contractor Verified: Status: Verify Date: February, 2016 Appellant adopts the argument set forth in Point of Error Fourteen as if fully set forth herein. Tuilaepa v. California, 512 U.S. 967, 114 S.Ct. Cantu was the final of three men condemned to die for the murders. Martinez was appellant's second witness at the punishment phase of trial.
Copyright 2018 - 2023 PLEASANTON EXPRESS. The gang members ran and grabbed Elizabeth and pulled her down the incline, off of the tracks. A Harris County jury sentenced Cantu to death for the June 1993 kidnapping, rape, robbery and murder of 14-year-old Jennifer Ertman. For a rational jury to find that appellant was guilty only of murder, some evidence must exist in the record that appellant did not commit sexual assault, robbery, or kidnapping or did not kill during the commission of or in the immediate flight from committing any of these offenses. 2009). The extraneous offenses that were admitted included:
Meanwhile, fourteen-year-old Jennifer Ertman and sixteen-year-old Elizabeth Pena were visiting a girlfriend. 1997). * * *
Some carried signs but none chanted or spoke loudly.
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