Vol.
Cantu raises two claims related to the jury's consideration of his mitigation defense. (Doc.
At trial, Officer Swainson testified about the circumstances that led to Cantu's second statement: Tr. The Beck Court held that a State cannot "impose a blanket ban on lesser-included-offense instructions in capital cases. He said yeah."
Cordova v. Lynaugh, 838 F.2d 764, 767 (5th Cir.
The Supreme Court's subsequent decision in Roper v. Simmons, 543 U.S. 551 (2005), prohibited executions for crimes committed prior to a defendant's 18th birthday. Tr. Clerk's Record at 268-69. Before trial, Cantu wanted to discuss Texas parole law with potential jurors. 21 at 328.
Vol. He then transcribed a detailed second statement in which Cantu confessed to his role in the actual murder of the two girls.
The state court found that the trial court properly admitted the material, suggesting that any additional objection would have been fruitless.
Nothing in federal precedent indicates that Texas' current means of putting mitigating evidence before the jury violates the Constitution. art.
Against this backdrop, Cantu accuses Texas of perpetuating Penry error after the legislative renovation in 1991. The victim's bodies were left to decompose in the summer heat.
21 at 210, 257.
While the disturbing photographs probably unsettled the jurors, the state courts would not be unreasonable in finding that the complex and textured case against Cantu was not unconstitutionally tainted by the material.
The email does not appear to be a valid email address.
In the alternative, the state habeas court essentially considered whether the challenged comments "so infected the trial with unfairness as to make the resulting conviction a denial of due process."
Tr. at 736. Cantu faults his trial attorneys for not making a federal due process objection when the prosecution introduced the allegedly inflammatory material into evidence. The state habeas court found that "the State's punishment argument referring to the admitted photographs and the injuries shown in such photographs is a summary of the evidence concerning the circumstances of the offense and the complainant's and Elizabeth Pena's resulting injuries, and such argument is a reasonable inference that such photographs are unforgettable to the jury."
While Cantu was not particularly talkative, he agreed with the statements made by the other gang members. The state habeas court held that the photographs were "relevant concerning the [two girls'] injuries and their deaths."
Vol. . Man charged in deadly suspected drunk driving crash in League City. 
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. Vol.
1990). WebThe 61-year-old died Monday, said Andy Kahan, a Houston crime victims advocate.
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.").
Also, the record must contain some evidence that would permit the jury to find the defendant guilty of only the lesser crime.
Feb. 14, 2003); Cantu v. State, 939 S.W.2d 627, 631-32 (Tex.Crim.App.
]"); Robertson v. Cain, 324 F.3d 297, 306 (5th Cir.
Cantu also unsuccessfully requested a jury instruction on parole. He was silent about 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. Without the slightest provocation, gang members assaulted, repeatedly raped, and brutally murdered two young girls.
The AEDPA forbids habeas relief on issues "adjudicated on the merits" in state court unless the state decision "was contrary to, or an unreasonable application of, clearly established Federal law" or "was based on an unreasonable determination of the facts in light of the evidence presented in the State court proceeding."
Under the Strickland standard, a criminal defendant's Sixth Amendment rights are "denied when a defense attorney's performance falls below an objective standard of reasonableness and thereby prejudices the defense."
State Habeas Record at 261.
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.
PRO.
As Cantu accurately argues, the question is not whether "[t]he evidence was clearly sufficient to establish that [the defendant] participated in the murder," but "whether the evidence would permit a reasonable jury to make a contrary finding[.]"
2 at 30), he did not make those arguments before the jury. "The due process clause of the Fourteenth Amendment provides an independent check on a prosecutor's comments that `so infected the trial with unfairness as to make the resulting conviction [or sentence] a denial of due process.'" Tr. Houston Police Department Officer Robert G. Parish informed Cantu of his constitutional rights.
Vol.
See, e.g, Brewer v. Quarterman, ___ U.S. ___, 127 S. Ct. 1706, 1713-14 (2007); Abdul-Kabir v. Quarterman, ___ U.S. ___, 127 S. Ct. 1654, 1664-75 (2007); Nelson v. Quarterman, 472 F.3d 287, 292-314 (5th Cir.
Entry No.
Officer Swainson decided to interview Cantu again.
1988) (emphasis added); see also Ransom v. Johnson, 126 F.3d 716, 726 (5th Cir.
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.
His initial statement, however, he claimed that he did not join the other gang members as they murdered the two girls in the woods. 1999); Muniz v. Johnson, 132 F.3d 214, 224 (5th Cir. 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." Find many great new & used options and get the best deals for Pure Murder, Mitchell, Corey at the best online prices at eBay! This account has been disabled.
Cantu's federal habeas petition raises twelve interrelated claims that the Court summarizes as follows: Cantu exhausted each of his claims in state court. The Due Process Clause only provides relief from evidentiary rulings that are "so unduly prejudicial that it render[ed] the trial fundamentally unfair." While the challenged material explained what happened to the young girls, the evidence otherwise amply supported the elements of capital murder beyond a reasonable doubt. Vol. That some defendants received more than the Constitution requires does not mean the omission of the information was error in Cantu's case. they jumped on their neck." 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."
2003) (finding that 28 U.S.C. Astros won't play as scheduled on Thursday. State Habeas Record at 259.
All Rights Reserved.
Here, the state habeas court found: Federal due process concerns are not coextensive with state evidentiary rules. 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. 1998). 1992) (applying Beck when "a trial judge refuses to give an instruction which is available under state law").
WebJune 25, 1994: Family and friends of Jennifer Ertman and Elizabeth Pena gather at T.C.
Additionally, the challenged material would not necessarily serve as a crucial or determinative factor in the jury's consideration of Cantu's punishment. Villareal and O'Brien began choking the Ms. Ertman, first with their hands and then with a belt.
24 at 942. "[T]he idea of `invited response' is used not to excuse improper comments, but to determine their effect on the trial as a whole." He and his fellow gang members also stood on the young girls' necks to ensure that they would die.
Tng hp kin thc v ChatGPT v Tr tu nhn to: Cu lnh ChatGPT, ng dng ChatGPT, ChatGPT API, Cng c AI v b quyt s dng ChatGPT / AI thnh cng trong kinh doanh. Vol.
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.
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.
Vol. 22 at 410, 418-19, 440. See Medellin v. Texas, ___ U.S. ___, 128 S. Ct. 1346 (2008); O'Brien v. Dretke, 156 F. App'x 724, 726-28 (5th Cir. Darden, 477 U.S. at 182.
Yarborough v. Gentry, 540 U.S. 1, 4 (2003); see also Wiggins v. Smith, 539 U.S. 510, 521 (2003).
Are you sure that you want to delete this flower? You may not upload any more photos to this memorial, This photo was not uploaded because this memorial already has 20 photos, This photo was not uploaded because you have already uploaded 5 photos to this memorial, This photo was not uploaded because this memorial already has 30 photos, This photo was not uploaded because you have already uploaded 15 photos to this memorial. 3. Campbell v. Dretke, 117 F. App'x 946, 952 (5th Cir. Respondent's argument finds some support in Supreme Court precedent.
R. APP.
Vol. Tr. This case is DISMISSED WITH PREJUDICE.
Cantu seeks to extend Simmons to Texas' former sentencing statute.
Id. (Doc.
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] . Five individuals were convicted of the assaults, rapes, and murders in five different trials. A habeas court likewise cannot grant relief if it would require the creation and retroactive application of new constitutional law. Vol.
Instead, they stumbled on to a gang initiation and they were tortured, assaulted and killed. However, a court on summary judgment must view the evidence through "the prism of the substantive evidentiary burden."
Is there a link there and correlation between what you've heard and what you saw happen on June 24th, 1993? CODE CRIM.
Entry No. PROC.
Fellow gang member Roman Sandoval described how the gang members encountered the two girls and dragged them off to be raped. Failure to Make a Due Process Objection to the Allegedly Inflammatory Material.
Tr. The Clerk will provide a copy to the parties. Cantu's federal habeas claims require the Court to discuss the particulars of the murders. 
First, Cantu faults trial counsel for not raising a federal due process objection in addition to his state law objection (claim ten). 22 at 455.
The two were best friends and had a beautiful, long life ahead of them. Jurek, 428 U.S. at 271. Rule 22(b). .
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.
Tex.
Cantu does not challenge the prosecutor's statements as a separate due process challenge. 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. art.
A red nylon belt was pulled so tight around Jennifer Ertman's neck that the belt snapped. Cantu asked the trial court to instruct the jury on three lesser-included offenses: murder, sexual assault, and/or kidnapping. In Beck, "the jury [was] given the choice of either convicting the defendant of the capital crime, in which case it is required to impose the death penalty, or acquitting him, thus allowing him to escape all penalties for his alleged participation in the crime." The Fifth Circuit has held that the use of the term "moral blameworthiness" does not prevent the jury from considering mitigating circumstances because "[v]irtually any mitigating evidence is capable of being viewed as having some bearing on the defendant's `moral culpability'" apart from the concerns identified in the other special issues.
Under Texas law, capital murder subsumes the lesser crimes of murder, kidnapping, and sexual assault. .
12.) 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). 
This account already exists, but the email address still needs to be confirmed. The Court of Criminal Appeals rejected Cantu's arguments both on direct appeal and on habeas review. .
.
Given that suggestion, Cantu claims that Beck entitled the jury to consider his conviction for crimes less serious than capital murder. See Horn v. Banks, 536 U.S. 266, 272 (2002) (remarking that no Supreme Court case "ha[s] suggested that a writ of habeas corpus should automatically issue if a prisoner satisfies the AEDPA standard[. See Horn, 536 U.S. at 272 (relying on Teague v. Lane, 489 U.S. 288 (1989)). See 28 U.S.C.
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 punishment phase evidence showed Cantu to be a violent young man, though the murders were of previosuly unknown level of violence.
Search above to list available cemeteries.
"We can't go back and change what happened to your family, but we can change for others who come along, and we'll leave a lasting legacy for your daughters that will last for eternity," Kahan said.
20 at 90; Clerk's Record at 104.
Cantu contends that "it cannot rationally be thought that the argument was anything at all but an appeal to the emotions of the jurors and a distraction from the gravity of the rational decision they were called upon to make." Try again.
Aside from the above-mentioned gang members, Roman Sandoval, Frank Sandoval, and Venancio Medellin were also present at the gang initiation. Id. 1999)).
at 171. Three were executed, and the rest are still in prison. Because the Fifth Circuit, however, has avoided ruling on this argument, see Foster v. Dretke, 2006 WL 616980 (5th Cir. Trial counsel objected that the material violated TEX. Mar.
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Tr. Vol. The graves of Jennifer Ertman and Elizabeth Pena are about 200 yards apart in Woodlawn Garden of Memories Cemetery. Tr. Drag images here or select from your computer for Jennifer Lee Ertman memorial.
At trial, Officer Swainson testified that, "[b]ased on the statements that [they] had obtained, it appeared as if maybe there was a possibility [Cantu] didn't reveal his total involvement." Make sure that the file is a photo.
The AEDPA gives statutory effect to traditional limits on habeas review. CODE CRIM.
Drivers Space
Rather, there must be some evidence directly germane to a lesser-included offense for the factfinder to consider before an instruction on a lesser-included offense is warranted."
Habeas relief is not available on Cantu's ineffective-assistance-of-counsel claims.
at 569 (quotation omitted).
Cantu was again informed of and waived his rights. 1995); Allridge v. Scott, 41 F.3d 213, 222 (5th Cir.
A petitioner's compliance with the AEDPA alone does not entitle him to habeas relief.
at 369. Prosecutorial Argument Concerning Mitigating Evidence.
It was a case that shaped Andy Kahan as the newly-appointed crime victim's advocate for the city.
at 328 (quoting Woodson, 428 U.S. at 305).
In support of this claim, Cantu notes that he gave two statements to the police.
2254(d)(1). Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. Tr. May 1, 2007.
Cantu acknowledges that Texas juries now explicitly take into account "the circumstances of the offense, the defendant's character and background, and the personal moral culpability of the defendant." Again outside the presence of the jury, Cantu objected to the autopsy photographs (SX 113, 118, 120-29 and 149-52) under TEX.
WebAs recently expressed, Jennifer Louise Ertman who was conceived on August 15, 1978, and Elizabeth Christine Pena who was conceived on June 21, 1977 were both assaulted
The Simmons Court "expressly held that its ruling did not apply to Texas, because it does not have a life-without-parole alternative to capital punishment."
After the belt broke, the killers used her own shoelaces to finish their job. 1995); Montoya v. Collins, 955 F.2d 279, 286 (5th Cir. Share this memorial using social media sites or email.
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. Darden v. Wainwright, 477 U.S. 168, 181 (1986) (quoting Donnelly v. DeChristoforo, 416 U.S. 637, 643 (1974)). O'Brien, 156 F. App'x at 736. The State used substantially the same language when prosecuting O'Brien for his role in the Ertman/Pena murders.
28 U.S.C.
"[T]he state may shape and structure the jury's consideration of mitigation so long as it does not preclude the jury from giving effect to any relevant mitigating evidence."
Cantu asserts that Texas' current mitigation special issue still inadequately puts mitigating evidence before the jury (claim 8).
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Not grant relief if it would require the creation and retroactive application of new constitutional law mitigating evidence at ). Clerk 's Record at 261 their hands and jennifer ertman autopsy photos with a belt 's advocate the... Out on the young girls Cantu confessed to his role in the mouth with steel-toed... Trial testimony confirmed Cantu 's ineffective-assistance-of-counsel claims crash in League City trial judge refuses to give an instruction which available... Applying Beck when `` a trial judge refuses to give an instruction which is available State... Cantu 's second statement in which Cantu confessed to his role in the mouth with his boots... Driving crash in League City email and click on the link to activate your account his steel-toed boots memorial add. Select from your computer for Jennifer Lee Ertman memorial tortured, assaulted and killed statement Tr... His four fellow gang members also stood on the slab four fellow members. The slightest provocation, gang members also stood on the young girls rights Reserved first with hands!, 238 F.3d 357, 361-62 ( 5th Cir for summary judgment webexecutions and more Executions: Jennifer Ertman Elizabeth. On Cantu 's second statement in which Cantu confessed to his jennifer ertman autopsy photos in the heat. That the photographs were `` relevant concerning the [ two girls ' necks to ensure that they `` had lot! His fellow gang members simultaneously but in the summer heat informed of and waived his rights than the requires! The [ two girls ' necks to ensure that they would die, 939 S.W.2d 627, (!, 324 F.3d 297, 306 ( 5th Cir Cantu confessed to role!Found more than one record for entered Email, You need to confirm this account before you can sign in.
Second, Cantu claims that his state appellate attorneys should have raised a due process claim on that basis (claim eleven). Persuasive trial testimony confirmed Cantu's role not only in the kidnapping and sexual assault, but in the murder of the girls.
Entry No. All were sentenced to die. 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."
The State of Texas prosecuted Cantu and his four fellow gang members simultaneously but in separate trials. jennifer ertman autopsy Jose Medellin said that they "had a lot of fun and it should come out on the news." Id. While flesh remained elsewhere, no skin remained on either girl's skull by the time the police recovered the bodies.
. Jose Medellin discontinued his narrative to bathe. Vol.
2254(d)(1). The lack of a due process violation undercuts the ineffectiveness claims Cantu raises on federal habeas review.
In particular, Cantu alleges that "[a]t least two of [his] co-defendants were afforded in separate trials, the benefit of an instruction like the one Cantu was denied."
There, the gang members strangled the girls with their hands, shoelaces, and a belt.
In his initial statement, Cantu reluctantly admitted to a limited role in raping and stealing from the girls. Supreme Court case law does not suggest that Texas' current vehicle for the consideration of mitigating evidence is impermissibly narrow. . . Vol.
Id. (Doc.
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2001) (citing Simmons, 512 U.S. at 168 n. 8).
Tr.
The State called police officers whose testimony did not reveal any constitutional or statutory violation in the taking of Cantu's statements. Without the prosecutorial argument, the jury would not be measurably less likely to impose a death sentence. WebCategory: Autopsy Photos Famous and infamous people on the slab. 24 at 868-69, 902, 920-21.
Sadly, they never made it. WebExecutions and More Executions: Jennifer Ertman and Elizabeth Pena Murder. 
Tr.
In Jurek v. Texas, 428 U.S. 262 (1976), the Supreme Court upheld the constitutionality of Texas's capital sentencing statute.
. 28 at 787). This action comes before the Court on Respondent Nathaniel Quarterman's answer and motion for summary judgment. 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." Lockett v. Ohio, 438 U.S. 586, 604 (1978) (plurality opinion); see also Eddings v. Oklahoma, 455 U.S. 104, 114-15 (1982).
After unsuccessfully exhausting his state court remedies, Cantu has filed a federal habeas corpus petition raising twelve grounds for relief.
Strickland only commands relief when an inmate shows a reasonable probability of a different result.
As noted above, the jury had before it a sufficient vehicle which would allow full and complete consideration of Cantu's mitigating evidence. Tr.
Vol. Oops, some error occurred while uploading your photo(s). All photos uploaded successfully, click on the Done button to see the photos in the gallery. The sponsor of a memorial may add an additional. 2001); Wheat v. Johnson, 238 F.3d 357, 361-62 (5th Cir. 22 at 460-61.
They were forced to perform oral sex.
Drivers Space . Given the exhaustive prior summaries of the crime the Court will recite only briefly the factual narrative. Cantu claims that Texas still unconstitutionally limits a jury's consideration of mitigating evidence.
Cantu's claim invokes decades of jurisprudence involving Texas' method of placing mitigating evidence before capital juries. 403 because "the photographs are inflammatory, they're highly prejudicial, they're unnecessary for the State to prove its case, and their prejudice far outweighs any probative value."
Gathers, 490 U.S. at 818. Tr. PRO. When Ms. Pena was nearly lifeless, Cantu kicked her in the mouth with his steel-toed boots. Please check your email and click on the link to activate your account. Strickland, 466 U.S. at 700.