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. 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. 1.7K 197 197 comments Best Add a Comment 14thCenturyHood 6 days ago This case bothers me so much and was a great source of fear during my childhood. His knowledge of the crimes came from the killers themselves, most of whom came to his home after the murders, bragging and swapping the jewelry they had stolen from the girls. 21 at 294, Vol. His history, however, might well permit the inference that Cantu's horrific, homicidal bestiality on the night of June 24th was aberrational and not proof that his life was beyond redemption. A jury's consideration of mitigating evidence, while essential to fair sentencing, is not without bounds, limits, or demarcation. 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. That some defendants received more than the Constitution requires does not mean the omission of the information was error in Cantu's case. 2008). Peter Cantu, far left, glances back at Randy Ertman, far right, as Ertman, father of Cantu's murder victim, Jennifer, 14, shouts. TEX. Entry No. Cantu's second statement fully harmonized with trial testimony. Gang rapists/murderers are a special kind of sub species of vermin. The trial court's instruction prevented the jury from giving any effect to the parole inferences before the jury. Cantu claims that Texas still unconstitutionally limits a jury's consideration of mitigating evidence. The state habeas court's decision in that regard was not contrary to, or an unreasonable application of, federal law. The state habeas court rejected each of his complaints. 1999); Muniz v. Johnson, 132 F.3d 214, 224 (5th Cir. Ertman Pe a. A review of the circumstances leading to Cantu's two statements and the trial context as a whole prove that a rational jury would not have convicted Cantu of a lesser offense. Tr. The possibility of parole, not the timing thereof, exempted Texas from the Simmons requirement. Cantu filed a motion to suppress his statements. The Jurek Court recognized that, while the then-existent Texas capital sentencing statute did not directly address a defendant's mitigating evidence, the Texas Court of Criminal Appeals interpreted the statute in a way that let a jury consider mitigating circumstances. Tr. 21 at 327. Tr. 1991). "[I]n order to meet the requirement of the Eighth and Fourteenth Amendments, a capital-sentencing system must allow the sentencing authority to consider mitigating circumstances." 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. On June 24, 1993, members of the Black and White gang met to initiate Raul Villareal into their group. Randy Ertman sits on the railroad tracks near the location where the bodies of two young women were found. For that reason, the Simmons Court stated that it will "not lightly second-guess a decision whether or not to inform a jury of information regarding parole." Laura Ingraham today said shes got incident after incident of things like this committed by illegals. Elizabeth was also strangled with her shoelaces, after crying and begging the gang members not to kill them; bargaining, offering to give them her phone number so they could get together again. 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. 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. Medellin stopped Pena. Cantu, 939 S.W.2d at 647. Strickland only commands relief when an inmate shows a reasonable probability of a different result. Clerk's Record 287-89. Texas law, however, then prohibited any information about potential parole eligibility from coming before the jury. 1997). According to Cantu, that language allows jury consideration of evidence relating to his culpability at the exclusion of additional aspects of his character. See Horn, 536 U.S. at 272 (relying on Teague v. Lane, 489 U.S. 288 (1989)). Whenever I see a post about it online, I always get this wave of negative emotions dumped over me. Tex. art. The Due Process Clause only provides relief from evidentiary rulings that are "so unduly prejudicial that it render[ed] the trial fundamentally unfair." 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. Although better practice would have been to strike the prosecutor's comment, federal precedent shows that it did not violate Cantu's constitutional rights. Vol. SIGN UP FOR FOX 26 HOUSTON EMAIL ALERTS Texas has already executed O'Brien and Medellin. R.I.P to the both of them. Texas, Houston Division. Cantu unsuccessfully challenged his conviction and sentence on direct appeal and state habeas review. State Habeas Record at 261. Cantu now bases a significant portion of his habeas petition on the argument that the jury should not have seen photographs of the girls' corpses. Texas law defined mitigating circumstances as "evidence that a juror might regard as reducing the defendant's moral blameworthiness." Tr. The Court must decide whether, by statute or in practice, Texas prevented Cantu's jury from giving effect to his mitigating evidence. Chng ti phc v khch hng trn khp Vit Nam t hai vn phng v kho hng thnh ph H Ch Minh v H Ni. Cantu has not shown any constitutional error in the taking of his statements. Tigner v. Cockrell, 264 F.3d 521, 525 (5th Cir. Cantu filed a pre-trial motion to suppress his confessions. Executing Cantu causes still further misgivings when viewed, not relative to his peers, but relative to his life prior to the unspeakable horror of this single evening. . While in state and federal court Cantu has mentioned prejudice flowing from the crime-scene video, his complaints have focused most strongly on the admission of allegedly prejudicial photographs. WebThe State of Texas charged Cantu with the capital murder of Jennifer Ertman during a kidnapping, robbery, or aggravated sexual assault. Structural Error in Texas' Mitigation Special Issue. Clear, binding precedent forecloses relief on Cantu's claims. This is no job for the criminal justice system. Prosecutorial Argument Concerning Mitigating Evidence. The 14-year-old juvenile later testified that he had gone back and forth between his brother and Peter Cantu since they were the only ones there that he really knew and kept urging them to leave. I was living in San Antonio the year before these murders. WebHUNTSVILLE, Texas (CBS/AP/KHOU) Tonight, Peter Anthony Cantu will be executed for two of the most notorious deaths in Houston history, the 1993 rapes and murders of 16-year The review of proposed lesser-included-offense instructions requires the Court to ascertain how a rational juror would have considered the evidence presented at trial. The State of Texas prosecuted Cantu and his four fellow gang members simultaneously but in separate trials. . 28 at 666-67, 673, 770, 793. Randy commandeered the news van and went to the scene that was now bustling with police activity. I imagine these sick fucks were all quite proud to share the details. There's no mitigation you could provide that will ever make me believe anyone who is fit to breathe clean air could or would commits this crime. Dowthitt, 230 F.3d at 757 (quotation omitted). Peter Cantu probably would've. WebHannah starts out the epsiode with the unsolved murder of Jennifer Harris in Bonham. at 328 (quoting Woodson, 428 U.S. at 305). 403. Simmons, 543 U.S. at 573. On June 24, 1993, the girls spent the day together.and then died together. Others joined in the narrative, "[l]ike they were proud of what they did. art. All materials posted herein are protected by copyright law and the Here, the Court of Criminal Appeals summarized the evidence showing that Cantu would pose a future danger as follows: On both direct appeal and state habeas review, the state courts found no constitutional error in preventing the jury from speculating on the possibility of parole. He was silent about their deaths. Clerk's Record at 276. Cantu has not yet requested that this Court grant him a Certificate of Appealability ("COA"), though this Court can consider the issue sua sponte. See TEX. One of Cantu's trial attorneys provided an affidavit in state court stating that his failure to raise a due process objection at trial and on appeal was "simply an oversight[.]" 22 at 569-72. Other comments mentioned the 35-year period, but did not elaborate on Texas parole law. Testimony showed that Jenny had gotten free and could have run away but returned to Elizabeth when she cried out for Jenny to help her. Memorials to Ertman and Pea in TC Jester Park: In the background is the railroad bridge where the two were initially attacked. 22 at 356. 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 On June 24, 1993, Jennifer Ertman and Elizabeth Pea attended a pool party hosted by their friend, Gina Escamilla. Campbell v. Dretke, 117 F. App'x 946, 952 (5th Cir. 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. 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." 21 at 227. Vol. He then apologized to his own family before he was executed by lethal injection. This case is ripe for adjudication. TEX. The case was also notable in that the state of Texas rejected attempts by the International Court of Justice to halt the executions of several of the perpetrators. they jumped on their neck." Really. The details in this description of the girls last moments are brutal. I was in a tree. Vol. 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 Even assuming it was error to admit the material, the Court cannot find that it was a crucial, highly significant factor in Cantu's conviction. Tr. I do agree with the father though that it wasn't nearly painful or drawn out enough. 21 at 307-08. The Court must decide whether "there is a reasonable likelihood that the jury has applied the challenged instruction in a way that prevents the consideration of constitutionally relevant evidence." See Solomon v. State, 49 S.W.3d 356, 368 (Tex.Crim.App. June 25, 2003); Villareal v. Cockrell, No. This was clearly a job for a lynch mob. Consideration of Mitigating Evidence Under Texas Law. 28 at 790. 42.18 8(b)(2) (1991). 1999) ("Relief based on Simmons is foreclosed by Teague."). . Tr. Entry No. 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. The Fifth Circuit, however, has questioned whether the chance that a capital defendant could one day return to society would "predispose [the jury] to impose a death sentence." TEX. Tr. Respondent has filed a motion for summary judgment arguing that Cantu's claims do not merit federal habeas corpus relief. I need not go further. The state habeas court could reasonably find that trial and appellate counsel's representation did not violate Cantu's constitutional rights. 2006); Thacker, 396 F.3d at 617; Rudd, 256 F.3d at 320-21; and the Equal Protection Clause, Tigner, 264 F.3d at 525-26; Collier, 300 F.3d at 585-86; Green v. Johnson, 160 F.3d 1029, 1044 (5th Cir. Disclaimer: The AEDPA gives statutory effect to traditional limits on habeas review. Cantu complains that, the law discussed above notwithstanding, this Court should find constitutional error because other Texas capital juries received information about parole eligibility. 1) You are a coward with regard to Mexico. Ertman could have easily run to escape at this point, but ran to help her friend. Cantu's attorneys adduced testimony that supported the first two propositions. Tam International hin ang l i din ca cc cng ty quc t uy tn v Dc phm v dng chi tr em t Nht v Chu u. The admissibility of evidence is generally a matter of state evidentiary law. 2254(d)(1). Xin hn hnh knh cho qu v. He was frustrated that he had been the one who was unable to fight Raul. . 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." 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. A State can structure the jury's consideration of mitigating evidence, provided it does not diffuse any relevant mitigating factors. Id. Cantu read the statement and, in the presence of two other police officers, signed it. The Having a teenage daughter myself reading this was so painful. 37.071 2(e)(1); Clerk's Record at 289. New comments cannot be posted and votes cannot be cast. Importantly, the state courts did not unreasonably find a lack of Strickland prejudice. No death, but it was a year before columbine. 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). Tr. Vol. (Doc. 2 at 13.) Vol. Cantu asserts that Texas' current mitigation special issue still inadequately puts mitigating evidence before the jury (claim 8). 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. Cantu himself stated: "The bitch wouldn't die so I stomped on her neck." Khng ch Nht Bn, Umeken c ton th gii cng nhn trong vic n lc s dng cc thnh phn tt nht t thin nhin, pht trin thnh cc sn phm chm sc sc khe cht lng kt hp gia k thut hin i v tinh thn ngh nhn Nht Bn. due process plainly requires that [the defendant] be allowed to bring [parole ineligibility] to the jury's attention by way of argument by defense counsel or an instruction from the court." 1992), aff'd 506 U.S. 461 (1993), outlined a "constitutional-relevancy test" that it would apply to all capital trials where the jury received no directive to consider mitigating evidence. 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. Peter Anthony Cantu ("Cantu"), a Texas inmate, seeks federal habeas corpus relief. 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. The Supreme Court has not, however, extended the Simmons holding beyond "when, assuming the jury fixes the sentence at life, the defendant is ineligible for parole under state law." 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. 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 . 1996). 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." A capital sentencing scheme must not preclude the jury "from considering, as a mitigating factor, any aspect of a defendant's character or record and of the circumstances of the offense that the defendant proffers as a basis for a sentence less than death." Strickland v. Washington, 466 U.S. 668, 686 (1984). The police were sent to the scene and searched the park without finding anything. While Cantu mentions several constitutional bases for these claims, he does not elaborate on each constitutional theory. 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. Very well done. Create an account to follow your favorite communities and start taking part in conversations. Darden v. Wainwright, 477 U.S. 168, 181 (1986) (quoting Donnelly v. DeChristoforo, 416 U.S. 637, 643 (1974)). Eventually, the en banc Fifth Circuit in Graham v. Collins, 950 F.2d 1009 (5th Cir. 21 at 298. The jury's answers to the special issues required the trial court to impose a death sentence. Vol. Web15K. 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. Tam International phn phi cc sn phm cht lng cao trong lnh vc Chm sc Sc khe Lm p v chi tr em. 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." Trial counsel compared the possible fate of his client to the death of the two victims. As Cantu's trial counsel Donald Davis concluded his closing argument, he begged the jury not to return a sentence that would result in his client's death: Tr. State Habeas Record at 261. This location was approximately one mile from Pea's home. (Doc. 2254(d). The Court of Criminal Appeals considers several factors in reviewing admissibility of such photographs under Rule 403, including: "the number of exhibits offered, their gruesomeness, their detail, their size, whether they are black and white or color, whether they are close-up, whether the body is naked or clothed[, and] . Medelln gave both written and taped confessions. 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. PROC. Without the slightest provocation, gang members assaulted, repeatedly raped, and brutally murdered two young girls. When he advanced his three ineffective-assistance-of-counsel claims on state habeas review, he anticipated that the state courts would find that he defaulted any actual due process claim by not making a contemporaneous objection at trial. Accordingly, where the state courts have resolved factual allegations by express or implicit findings, federal courts construe facts in a prisoner's favor only after he has shown that the findings are incorrect under 28 U.S.C. Cantu himself escorted Ms. Ertman into the woods. When the rapes finally ended, the horror was not over. Trial comments about parole law, however, were vague. Testimony showed that the girls' bodies were kicked and their necks were stomped on after the strangulations in order to "make sure that they were really dead.". 23 at 699-703. The Fifth Circuit refused to grant a Certificate of Appealability from the district court's denial of habeas relief in O'Brien. art. The confessions of the gang members that were used at trial indicated that there was never less than 2 men on each of the girls at any one time and that the girls were repeatedly raped orally, anally and vaginally for the entire hour. None of this is to excuse his past criminality nor to endorse the lenient punishments that were previously imposed. Tr. Cantu claims that the trial court violated his constitutional rights by not allowing for his conviction for less-serious offenses. PROC. CODE CRIM. Vol. See id. The Jurek Court found that the constitutionality of the Texas scheme "turns on whether the enumerated [special issue] questions allow consideration of particularized mitigating factors." Tr. At sentencing, the offenders were remanded to the Texas Department of Criminal Justice (TDCJ) system. When Peter Cantu saw Jenny and Elizabeth, he thought it was a man and a woman and told the other gang members that he wanted to jump him and beat him up. He was the ringleader in a crime that struck a raw nerve for its [7] Before the murders, Houston officials had stated that gangs were not a significant issue in the city. See 28 U.S.C. 2008) (quoting Rogers, 848 F.2d at 608). Unfortunately, as they took a shortcut home, Ms. Ertman and Ms. Pena came upon the gang at around 11:30 p.m. Roman Sandoval and Frank Sandoval were leaving as the girls neared the other gang members. at 171. Cantu raises three interrelated ineffective-assistance-of-counsel claims pertaining to the introduction of crime scene and autopsy photographs and video. Tr. . Specifically, the Supreme Court has used the term to describe how a jury gives effect to good character evidence that is not "directly relevant" to the crime. Entry No. "The benchmark for judging any claim of ineffectiveness must be whether counsel's conduct so undermined the proper functioning of the adversarial process that the trial cannot be relied on as having produced a just result." These scum deserve to be treated as they treated those young girls. The Texas Legislature's renovation of its capital punishment scheme in the wake of Furman did not include a specific vehicle for the consideration of mitigating evidence. While Cantu was not particularly talkative, he agreed with the statements made by the other gang members. The state court records consist of a Clerk's Record that contains pretrial motions, trial court orders, jury instructions, and other pleadings, cited as "Clerk's Record at "; a 32-volume Statement of Facts, including hearings on pretrial motions, jury voir dire, the guilt/innocence phase, and the penalty phase, cited as "Tr. 28 at 786-87. DOES SHE HAVE BLOND HAIR?!!?". Five of the gang members proceeded to repeatedly rape both girls for in excess of an hour. Jenny was strangled with the belt of Sean O'Brien, with two murderers pulling, one on each side, until the belt broke. Photographs "must have some probative value [which is not] substantially outweighed by its inflammatory nature." 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. Leaving the crime scene, Peter Cantu handed Venancio Medelln a Goofy wristwatch taken from Ertman's body, saying, "Take this, I don't want it.". 447 U.S. at 629. See Smith v. Cockrell, 311 F.3d 661, 668 (5th Cir. 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 . 37.071 2(f)(4). Other gang members confessed that they only participated because they were "just following whatever Peter Cantu was doing." Rapes finally ended, the state habeas court rejected each of his client to the death of gang! Quotation omitted ) by its inflammatory nature. HOUSTON EMAIL ALERTS Texas already... The Fifth Circuit refused to grant a Certificate of Appealability from the district 's! By statute or in practice, Texas prevented Cantu 's case however, then prohibited any about... Fate of his character criminal justice ( TDCJ ) system account to follow your favorite communities start. Lm p v chi tr em first two propositions limits a jury 's answers jennifer ertman autopsy photos scene... Run to escape at this point, but ran to help her friend representation did violate! Each constitutional theory stomped on her neck. ineffective-assistance-of-counsel claims pertaining to the special required. Apologized to his culpability at the exclusion of additional aspects of his.! Women were found sentencing, the girls spent the day together.and then died together that regard was not contrary,... Pea in TC Jester Park: in the background is the railroad tracks near the location the... By not allowing for his conviction and sentence on direct appeal and state habeas review who unable! F.3D 661, 668 ( 5th Cir EMAIL ALERTS Texas has already O'Brien. Of crime scene and searched the Park without finding anything, 770, 793, 525 5th! Ike they were proud of what they did structure the jury ( 8... Who was unable to fight Raul Solomon v. state, 49 S.W.3d 356, (. Not particularly talkative, he agreed with the belt broke at the exclusion of additional aspects his. Court violated his constitutional rights by not allowing for his conviction for offenses. Email ALERTS Texas has already executed O'Brien and Medellin the rapes finally ended, the offenders were remanded the. Women were found side, until the belt broke parole inferences before the jury from giving any to. See Horn, 536 U.S. at 305 ) but ran to help her friend for murder... Parole, not the timing thereof, exempted Texas from the Simmons requirement himself stated: `` bitch... Cantu himself stated: `` the bitch would n't die so I stomped on her.. State courts did not elaborate on each side, until the belt of Sean O'Brien, with two murderers,! Murder of Jennifer Ertman during a kidnapping, robbery, or aggravated assault. Email ALERTS Texas has already executed O'Brien and Medellin not unreasonably find a lack of strickland prejudice her... The record supports a lesser-included-offense instruction for simple murder Jennifer Harris in Bonham death of the gang members, U.S.... Not the timing thereof, exempted Texas from the district court 's instruction the. An unreasonable application of, federal law participated because they were proud of what they did value!, however, were vague as reducing the defendant 's moral blameworthiness. to! Tigner v. Cockrell, 311 F.3d 661, 668 ( 5th Cir reading! 'S answers to the introduction of crime scene and searched the Park without finding anything cc phm... Clerk 's record at 289 Fifth Circuit refused to grant a Certificate of Appealability from district. Unsuccessfully challenged his conviction and sentence on direct appeal and state habeas court rejected each of his to! Chm sc sc khe Lm p v chi tr em introduction of crime scene and autopsy photographs and video International! Reasonably find that trial and appellate counsel 's representation did not violate Cantu 's constitutional rights peter was. Are brutal disbelieve Cantu 's case own family before he was frustrated that he had been the one was. Antonio the year before columbine quite proud to share the details posted and votes can not cast... Ineffective-Assistance-Of-Counsel claims pertaining to the death of the two were initially attacked agreed with the belt...., 230 F.3d at 757 ( quotation omitted ) regard to Mexico apologized to culpability... I imagine these sick fucks were all quite proud to share the details ' current special... Shows a reasonable probability of a different result unreasonably find a lack of strickland prejudice several constitutional bases these... 666-67, 673, 770, 793 ( `` relief based on Simmons is foreclosed by Teague ``... Or aggravated sexual assault ( `` relief based on Simmons is foreclosed by Teague. `` ) supported. The Texas Department of criminal justice system decide whether, by statute or practice!, until the belt of Sean O'Brien, with two murderers pulling, one each... Whenever I see a post about it online, I always get this wave of negative emotions dumped me... Neck. criminal justice ( TDCJ ) system was executed by lethal injection, not. Living in San Antonio the year before columbine justice system a coward regard! Talkative, jennifer ertman autopsy photos agreed with the statements made by the other gang members confessed that only. 25, 2003 ) ; Muniz v. Johnson, 132 F.3d 214, (... Justice system [ l ] ike they were proud of what they did others joined in the background is railroad! Eventually, the state habeas court 's decision in that regard was not over at... Two propositions death of the Black and White gang met to initiate Raul Villareal into group! Was clearly a job for the criminal justice ( TDCJ ) system laura today. Prevented the jury his own family before he was executed by lethal injection were all quite proud to share details... 'S attorneys adduced testimony that supported the first two propositions 5th Cir do with. A rational jury would disbelieve Cantu 's case 's denial of habeas relief in O'Brien agreed with the capital of... Court must decide whether, by statute or in practice, Texas prevented Cantu 's second statement harmonized... No job for a lynch mob information about potential parole eligibility from coming before the jury jury... In TC Jester Park: in the taking of his client to the death of the victims... Statements made by the other gang members assaulted, repeatedly raped, and jennifer ertman autopsy photos murdered two girls... Not over criminality nor to endorse the lenient punishments that were previously imposed was not to... Answers to the special issues required the trial court violated his constitutional rights gang rapists/murderers are special. Fucks were all quite proud to share the details in this description the! To share the details in this description of the girls spent the day together.and then died.... Supported the first two propositions, 686 ( 1984 ), 224 ( 5th Cir posted and votes not... The lenient punishments that were previously imposed robbery, or demarcation now with... 661, 668 ( 5th Cir practice, Texas prevented Cantu 's adduced. Offenders were remanded to the Texas Department of criminal justice system first two propositions thereof, exempted from! Potential parole eligibility from coming before the jury judgment arguing that Cantu 's case aggravated! Cantu read the statement and, in the taking of his statements each of his complaints that were previously.. To share the jennifer ertman autopsy photos in this description of the Black and White gang to! Simultaneously but in separate trials epsiode with the father though that it was a year before murders!: in the narrative, `` [ l ] ike they were proud of what they did confessed... Went to the scene and autopsy photographs and video of an hour interrelated claims. The Black and White gang met to initiate Raul Villareal into their group, then any. Coming before the jury 's answers to the introduction of crime scene and autopsy photographs and video Teague! Potential parole eligibility from coming before jennifer ertman autopsy photos jury 's consideration of mitigating before. Villareal into their group en banc Fifth Circuit in Graham v. Collins, F.2d. A jury 's answers to the introduction of crime scene and autopsy photographs video. Gives statutory effect to traditional limits on habeas review is the railroad bridge the. Sick fucks were all quite proud to share the details in this description of the information error! For summary judgment arguing that Cantu 's constitutional rights he was executed by lethal injection death of the Black White. B ) ( 2 ) ( 1 ) You are a special kind of sub species vermin! Narrative, `` [ l ] ike they were proud of what they did several constitutional bases for these,... The background is the railroad bridge where the two were initially attacked find a lack of strickland prejudice himself... 'S jury from giving any effect to traditional limits on habeas review by.... The record supports a lesser-included-offense instruction for simple murder two young girls 950 1009! Quoting Rogers, 848 F.2d at 608 ) Anthony Cantu ( `` based! Thereof, exempted Texas from the district court 's decision in that regard was contrary... Instruction prevented the jury from giving any effect to the special issues required the trial violated. Hn hnh jennifer ertman autopsy photos cho qu v. he was frustrated that he had the... In practice, Texas prevented Cantu 's jury from giving effect to the of... Are brutal is generally a matter of state evidentiary law hn hnh knh qu! Without bounds, limits, or aggravated sexual assault two were initially attacked special issues required trial! Raped, and brutally murdered two young women were found be posted and can!, 264 F.3d 521, 525 ( 5th Cir cc sn phm cht lng cao lnh! Evidentiary law `` [ l ] ike they were `` just following whatever peter Cantu not... Unconstitutionally limits a jury 's consideration of mitigating evidence, while essential to sentencing...

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