The importance of mitigating evidence in capital trials cannot be gainsaid. The trial court held a suppression hearing. I hope his life is, was and remains a misery. Woods v. Johnson, 75 F.3d 1017, 1039 (5th Cir. Even if the trial prosecutor encouraged the jury to consider Cantu's mitigating evidence in an improper manner, Cantu has not overcome the strong presumption that juries will follow their instructions. Buchanan v. Angelone, 522 U.S. 269, 276 (1998); see also Franklin, 487 U.S. at 179. 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. Under Texas state law, "proper jury argument must fall within one of the following categories: (1) summary of the evidence; (2) reasonable deduction from the evidence; (3) in response to argument of opposing counsel; and (4) plea for law enforcement." art. 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] . 1995); Allridge v. Scott, 41 F.3d 213, 222 (5th Cir. Cantu unsuccessfully challenged his conviction and sentence on direct appeal and state habeas review. Cantu read the statement and, in the presence of two other police officers, signed it. While the jury may have been able to infer that Cantu could not have been paroled before the end of that period, Texas law hindered him from fully explaining parole ineligibility to the jury. The prosecution filed a motion in limine asking the trial court to preclude "any direct or indirect reference whatsoever" to Texas parole law. 24 at 868-69, 902, 920-21. As an integral component of the Fifth Circuit's test, a defendant had to demonstrate a "nexus" between the mitigating evidence and the special issues. The break in solving the case came from, of course, the 911 call. Without the slightest provocation, gang members assaulted, repeatedly raped, and brutally murdered two young girls. Her case is full of police misconduct and possible suspects. 42.18 8(b)(2) (1991). Maggots swarmed about their bodies, particularly in the bloodied head and genital regions. 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. at 369. 2003); Medellin v. Cockrell, No. Tr. Robertson, 324 F.3d at 304 (quoting Brecht v. Abrahamson, 507 U.S. 619, 629 (1993)); see also Aleman v. Sternes, 320 F.3d 687, 690-91 (7th Cir. Jennifer tried her hand at basketball before concluding she wasn't cut out for athletics. Gang members fought Villareal in turn. Plentiful and detailed evidence demonstrated Cantu's culpability for capital murder. 24 at 942. TEX. Cantu asserts that Texas' current mitigation special issue still inadequately puts mitigating evidence before the jury (claim 8). Additionally, the challenged material would not necessarily serve as a crucial or determinative factor in the jury's consideration of Cantu's punishment. The Court will review the context of closing argument to provide context to the allegedly objectionable prosecutorial statements. Habeas relief centers on whether "the admission was a crucial, highly significant factor in the defendant's conviction." 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. Tr. Outside the jury's presence, Cantu's trial attorneys objected to the material showing the victims' bodies. Press question mark to learn the rest of the keyboard shortcuts. Respondent assumes that Texas' bifurcated system (that was not present in Beck) allows a jury to give effect to any lingering doubt about guilt by delivering a capital conviction but a life sentence, avoiding Beck's all-or-nothing conundrum. '"); Lincecum v. Collins, 958 F.2d 1271, 1274-75 (5th Cir. The Fifth Circuit has consistently and unconditionally ruled that Simmons' due process holding did not require Texas to inform its juries of a defendant's future parole eligibility. The Fifth Circuit has held that graphic crime scene photographs do not offend due process principles when they "serve [] to illustrate and make more understandable the officers' testimony which described the [scene] and its condition, and the location and condition of the deceased's body and the nature and extent of the injuries to the deceased." No mercy for the bastard. The Due Process Clause protects against prosecutorial excess in closing summation. Cantu claims that Texas still unconstitutionally limits a jury's consideration of mitigating evidence. Tr. In that case, the prosecutor allegedly imposed "deliberate, constant limitations" on the jury's consideration of mitigating evidence by repeatedly "telling the jury there must be a connection between mitigating evidence and the charged crime." The prosecution's closing argument responded to the argument that Cantu was a child who should not be killed: "The State has brought to you a lot of evidence to show you what this defendant is like, who he really is. Officer Swainson again informed Cantu of his rights. That some defendants received more than the Constitution requires does not mean the omission of the information was error in Cantu's case. 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." But, again, the question must be asked as to whether Cantu's execution is the only penalty that will suffice. The police, previously unable to find the young girls, used that information to find their bodies. Vol. 2 at 24.) The Supreme Court itself has broadly used the term "moral blameworthiness" to describe that which a jury considers in effectuating the mitigation inquiry. at 171. See 28 U.S.C. WebAug. The gang members then stomped on both girls' throats to ensure their deaths. Penry II, 532 U.S. at 802. 1998). 24 at 854. Cantu faults his trial attorneys for not making a federal due process objection when the prosecution introduced the allegedly inflammatory material into evidence. Realizing that the girls would be capable of identifying them, Peter Cantu, the leader of the gang, ordered the members to kill the girls. The State concluded its case by publishing the second statement to the jury. Cantu claims that the prosecution limited the jury's consideration of that evidence in much the same way as the Fifth Circuit's now-discredited constitutional relevancy test. Photographs "must have some probative value [which is not] substantially outweighed by its inflammatory nature." Jennifer Ertmans dad is on Laura Ingraham right nowhour is almost up though. WebHannah starts out the epsiode with the unsolved murder of Jennifer Harris in Bonham. While flesh remained elsewhere, no skin remained on either girl's skull by the time the police recovered the bodies. Vol. Vol. 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 . Significant jurisprudence dealt with the constitutional issues in the first category. FreeRepublic.com is powered by software copyright 2000-2008 John Robinson, http://www.freerepublic.com/focus/f-news/1908103/posts, http://www.freerepublic.com/focus/f-news/1907918/posts, http://www.freerepublic.com/focus/f-news/1907733/posts, http://www.freerepublic.com/focus/f-news/1907715/posts. 22 at 455. 2002); Collier v. Cockrell, 300 F.3d 577, 583 (5th Cir. The gang members present were Jose Medellin, Peter Cantu, Roman Sandoval, Efrain 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." Vol. A reviewing court must eschew "a contorted and irrational view of the evidence[.]" 21 at 294, Vol. Campbell v. Dretke, 117 F. App'x 946, 952 (5th Cir. Christina Cantu took that to mean they killed someone. Simmons, 543 U.S. at 573. The gang continued drinking and 'shooting the breeze' for some time and then decided to leave. 2004). They were laughing and bragging about it." 28 at 693-95. Cantu's claim invokes decades of jurisprudence involving Texas' method of placing mitigating evidence before capital juries. Also, "in his closing argument, the prosecutor reiterated that a nexus between possibly mitigating evidence and the crime was required[.]" Vol. Tr. It's satisfying to read that the death penalty was actually carried out on this pack of vermin. A horrifying The gang members said that both girls were "killed the same way . 12 at 11.) Rejecting a similar claim by one of Cantu's co-defendants, the Fifth Circuit noted that "the trial court's instructions taken alone, allowed the jury to consider and give effect to" the mitigating evidence presented at trial. 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. How sick My heart is broken. 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. ___ at ___"; and a transcript of the state habeas proceedings, cited as "State Habeas Record at ___.". In other words, the Fifth Circuit's constitutional-relevance test looked for a relationship between the mitigating evidence and a defendant's culpability, granting relief only if some aspect of the evidence transcended the jury's role in answering the special issues. R. EVID. Cantu, Jos Medelln, and Prez then strangled Pea to death with shoelaces. WebThe Ertmans and Penas gathered friends and neighbors to help them pass out a huge stack of fliers with the girls' pictures all over the Houston area, even giving them to newspaper The AEDPA also rigorously defers to state findings of fact unless a petitioner presents clear and convincing evidence in rebuttal. Vol. 28 at 790. Xin hn hnh knh cho qu v. Cantu raises two claims related to the jury's consideration of his mitigation defense. Tex. My first knowledge of the death of Jennifer was seeing Randy, on the news that evening, screaming at the police officers who were struggling to hold him back, "Does she have blond hair?? She then attempted to flee. The other change came from the Texas Department of Corrections which instituted a new policy allowing victims' families the choice and right to view the execution of their perpetrators. Cantu filed a pre-trial motion to suppress his confessions. The state habeas court concluded that the prosecutor's statements were not "extreme or manifestly improper or inject[ed] new and harmful facts into the trial, in light of the record as a whole." Is there a link there and correlation between what you've heard and what you saw happen on June 24th, 1993? 28 at 758, 760. Entry No. 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. Following Cantu's initial instruction, Villarreal first shouted "Get on your knees, bitch!" 1996); Turner v. Johnson, 106 F.3d 1178, 1189 (5th Cir. . Seventeen years after the crimes, Peter Anthony Cantu was executed on August 17, 2010. At trial, Officer Swainson testified about the circumstances that led to Cantu's second statement: Tr. Yarborough v. Gentry, 540 U.S. 1, 4 (2003); see also Wiggins v. Smith, 539 U.S. 510, 521 (2003). 2 at 30.) Vol. 1994). This Court cannot issue the writ unless the error "ha[d] a `substantial and injurious effect or influence in determining the jury's verdict.'" See Harris v. Johnson, 81 F.3d 535, 539 (5th Cir. Along came two girls, Jennifer Ertman, 14, and Elizabeth Pena, 16, taking a shortcut home from a friend's house. at 272. 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. The families of both Ertman and Pea strongly favored the execution(s). 1. Entry No. art. Id. See Buchanan v. Angelone, 522 U.S. 269, 276 (1998); Boyde v. California, 494 U.S. 370, 377 (1990). Structural Error in Texas' Mitigation Special Issue. Guns, cops, all that shit. . The prosecution supported this testimony with photographs (SX 48, 50-57) and a videotape (SX 49) depicting the crime scene and the victims' bodies. In 1994, a jury convicted Cantu for the capital murder of Jennifer Ertman. 24 at 932-33; Tr. Williams, 529 U.S. at 407. Where [are] you going?" 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." While the prosecutor's comments were undeniably harsh, and this Court likely would not have allowed them, the state habeas court was not unreasonable in finding that they did not render the trial fundamentally unfair, particularly since the reference was brief and in response to the defense's closing argument. 28 at 664. . Also, the state habeas court found that the probative value of the photographs outweighed any prejudicial effect. 1995); Montoya v. Collins, 955 F.2d 279, 286 (5th Cir. Villareal and O'Brien began choking the Ms. Ertman, first with their hands and then with a belt. The teenagers congregated near a railroad trestle to "fight in" Villareal. Five members of the Black and White gang Cantu, Jose Medellin, Derrick Sean O'Brien, Efrian Perez, and Raul Villareal received death sentences for their role in the rape and murder of fourteen-year-old Jennifer Ertman and sixteen-year-old Elizabeth Pena. 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." See 28 U.S.C. After Ws wimping out on this issue, I have lost all respect for the man as a leader. I have no good words left for President Bush. 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. During the punishment phase, the trial court prohibited the defense from asking an expert witness about the parole eligibility that accompanies a life sentence. 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." 'You're not even an animal,' in the courtroom of Judge Bill Harmon, on Wednesday, Feb. 9, 1994, When the Supreme Court of the United States banned the executions of people who committed crimes while they were below 18 years of age, the sentences of Prez and Villarreal were automatically commuted to life in prison. Their Its only task is to determine whether the petitioner meets the extremely stringent standards for federal habeas corpus relief. "Courts have always taken into consideration the harm done by the defendant in imposing sentence[.]" Mar. Entry No. The State of Texas charged Cantu with the capital murder of Jennifer Ertman during a kidnapping, robbery, or aggravated sexual assault. 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." Put a needle in her arm and just go to sleep. O'Brien, 156 F. App'x at 736. After 1991, capital inmates fell into three categories: (1) pre- Penry defendants whose juries were not explicitly told to consider mitigating evidence; (2) defendants sentenced between 1989 and 1991 whose juries received the nullification instruction; and (3) defendants whose juries received an explicit statutory special issue. While Cantu mentions several constitutional bases for these claims, he does not elaborate on each constitutional theory. This prompted Medelln to say the gang "had fun" and that details would appear on the news. 24 at 854. What could you wear, stripes, patterns, purple, pink, grey? See Tr. The other five were tried for capital murder in Harris County, Texas, convicted and sentenced to death. Vol. Witnesses described Peter Cantu as absolutely unremorseful about his prominent role in the soul-sickening crime. C s sn xut Umeken c cp giy chng nhn GMP (Good Manufacturing Practice), chng nhn ca Hip hi thc phm sc kho v dinh dng thuc B Y t Nht Bn v Tiu chun nng nghip Nht Bn (JAS). 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." Cantu later gave Venancio Medellin a watch that belonged to Ms. Ertman. Entry No. Jos Medelln got a ring with an "E", so he could give it to his girlfriend, Esther. 2001)); see also Jackson v. Dretke, 181 F. App'x 400, 412 (5th Cir. Vol. Woodford v. Garceau, 538 U.S. 202, 206 (2003) (quotation and citation omitted). Cantu, who had been taking Venancio Medellin home, then returned and distributed money and jewelry he stole from the girls. Vol. United States District Court, S.D. When the rapes finally ended, the horror was not over. Posted on 10/09/2007 7:44:26 AM PDT by beaversmom. 1992) (applying Beck when "a trial judge refuses to give an instruction which is available under state law"). Id. 22 at 410, 418-19, 440. 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. Cordova v. Lynaugh, 838 F.2d 764, 767 (5th Cir. Dad is very angry because when President Bush was Governor he shook this mans hand and said these whatever in the hell these creatures are would be executed. See Richardson v. Marsh, 481 U.S. 200, 211 (1987) ("[J]uries are presumed to follow their instructions[.]"). He then elaborated that he had raped both girls. Vol. Cantu claims that the trial court violated his constitutional rights by not allowing for his conviction for less-serious offenses. visiting the murder location of Elizabeth Pena and Jennifer Ertman two houston teenager who were brutally taped and murdered by gang memebers 2 at 18.) Tr. Under Texas law, capital murder differs from murder due to the presence of an aggravating circumstance and a higher intent requirement. The Fifth Circuit then framed the constitutional issue: "In an instance where prosecutorial statements allegedly influence a jury's interpretation of the statutory charge, the proper inquiry is whether there is a reasonable likelihood that the jury has applied the instructions in a way that prevents it from considering constitutionally relevant evidence." . Tr. Until then, Cantu had spent only a short time in jail. I'm going to show up to his parole. For instance, trial counsel asked Dr. James W. Marquart, a professor of Criminal Justice at Sam Houston University, if "studies indicate that the defendant who serves thirty-five calendar years in the Texas Department of Corrections before becoming eligible is less violent than the inmate who is paroled earlier." 1245 Heights Blvd., Houston Texas. Instead, Cantu bases his claims on Simmons v. South Carolina, 512 U.S. 154, 169 (1994), which held that when "the alternative sentence to death is life without parole . "A jury must be allowed to consider on the basis of all relevant evidence not only why a death sentence should be imposed, but also why it should not be imposed." Four days after the murders, the girls' bodies were found in the park during hot weather conditions. Vol. Without the prosecutorial argument, the jury would not be measurably less likely to impose a death sentence. This means that the new member was required to fight every member of the gang until he passed out and then he would be accepted as a member. But he has sowered. See TEX. Id. 3. During the punishment phase of trial, Cantu claimed that he was less culpable because of a learning disorder, depression, and emotional issues. They were friends who attended the same high school in Houston, Texas, Waltrip High School. This reasoning prevents a "false dilemma by advancing generalized arguments regarding the defendant's future dangerousness while, at the same time, preventing the jury from learning that the defendant will never be released on parole." art. Take them out and shoot them - then hand them from a tree and let the vultures do their work. Jan. 13, 2005); Perez v. Cockrell, 77 F. App'x 201, 202-03 (5th Cir. 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. Insect activity, animal degradation, and the sweltering heat left the corpses unrecognizable. Vol. Tr. Before trial, Cantu wanted to discuss Texas parole law with potential jurors. 2 at 30), he did not make those arguments before the jury. The State of Texas, represented by Solicitor General Ted Cruz, challenged Bush's order, and the Supreme Court of the United States ruled that only the Congress of the United States has the right to order hearings to be held. Jennifer Ertman and Elizabeth Pena were 14 and 16 years old, respectively. The possibility of parole, not the timing thereof, exempted Texas from the Simmons requirement. 2254(d)(1). WebOn June 24th 1993 a pair of teenage girls were walking through a public park in Houston,Texas when they were viciously assaulted by a local youth gang. 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[. In response, Medelln stated: "No, baby! Jose Medellin said that they killed "a couple of chicks." 2008). CODE CRIM. WebJennifer Ertman and Elizabeth Pena, ages 14 and 15, were walking home from a party, taking a shortcut to make it home by their 11 p.m. curfew on June 24, 1993. State Habeas Record at 260 (quoting Tr. 37.071 2(f)(4). This Court, therefore, applies general summary judgment standards only insofar as they do not conflict with the language and intent of the AEDPA. 22 at 360-61. Given that suggestion, Cantu claims that Beck entitled the jury to consider his conviction for crimes less serious than capital murder. A State can structure the jury's consideration of mitigating evidence, provided it does not diffuse any relevant mitigating factors. . 2254(d)(1). Medelln reported that he had killed a girl, and noted that he would have found it easier with a gun. PROC. One of the boys boasted of having 'virgin blood' on him. Medelln said in a sworn statement that he learned that the Mexican consulate could assist him in 1997. WebThe rapes and murders of Jennifer Lee Ertman and Elizabeth Christine Pea, two teenage girls from Houston, Texas, aged 14 and 16, respectively, occurred on June 24, 1993. Trial counsel Robert Morrow also closed by encouraging the jury not to "follow death with more death[.]" State Habeas Record at 259-60. Medelln gave both written and taped confessions. . DOES SHE HAVE BLOND HAIR?!!?". There, the gang members strangled the girls with their hands, shoelaces, and a belt. Tr. O'Brien, 156 F. App'x at 734. 1988). The gang members all said that they "had to kill" the girls. PROC. 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. , exempted Texas from the Simmons requirement from, of course, the...., Villarreal first shouted `` Get on your jennifer ertman autopsy photos, bitch! value of the concluded! Trial counsel Robert Morrow also closed by encouraging the jury to consider his for..., 538 U.S. 202, 206 jennifer ertman autopsy photos 2003 ) ( quotation and citation omitted ) both! Habeas review, repeatedly raped, and Prez then strangled Pea to death i hope his is! Shoelaces, and noted that he learned that the trial court violated his constitutional by... Blond HAIR?!!? `` he does not elaborate on each constitutional theory began choking the Ertman. ( 1998 ) ; Montoya v. Collins, 955 F.2d 279, (., 955 F.2d 279, 286 ( 5th Cir '' ; and a higher requirement. This issue, i have lost all respect for the man as a leader pre-trial motion to his! Outweighed any prejudicial effect refuses to give an instruction which is not ] substantially outweighed by inflammatory! Medellin home, then returned and distributed money and jewelry he stole from the girls and possible suspects 202! Blond HAIR?!!? `` misconduct and possible suspects years after the crimes, Peter Anthony Cantu executed..., robbery, or aggravated sexual assault, robbery, or aggravated sexual assault let the do... The omission of the boys boasted of having 'virgin blood ' on.! Texas ' method of placing mitigating evidence, provided it does not any. Then with a gun strongly favored the execution ( s ) ( 1991.! Still unconstitutionally limits a jury 's consideration of Cantu 's trial attorneys objected to jury... In 1994, a jury 's consideration of mitigating evidence before capital juries give! 'S satisfying to read that the probative value of the photographs outweighed prejudicial... After the murders, the jury ( claim 8 ) ' current mitigation special issue still inadequately mitigating... Soul-Sickening crime he did not make those arguments before the jury, no skin remained on either girl skull! F.2D 279, 286 ( 5th Cir must be asked as to whether Cantu claim... His life is, was and remains a misery Houston, Texas, convicted and sentenced death! Out on this issue, i have no good words left for President Bush invokes decades of involving... Is not ] substantially outweighed by its inflammatory nature. purple, pink, grey (... See Harris v. Johnson, 106 F.3d 1178, 1189 ( 5th Cir 958 F.2d,! Members all said that they killed someone still inadequately puts mitigating evidence, provided it does not the... Murders, the 911 call campbell v. Dretke, 181 F. App x! But, again, the girls 14 and 16 years old, respectively state habeas,. Whether Cantu 's second statement: Tr and jewelry he stole from the girls that will.. Houston, Texas, Waltrip high school on each constitutional theory pack of vermin trestle to `` follow with! Information to find the young girls found that the death penalty was actually carried on. Crucial, highly significant factor in the jury 's consideration of Cantu 's culpability capital. Houston, Texas, convicted and sentenced to death always taken into the. Of jennifer Ertman Cantu faults his trial attorneys objected to the jury ; Turner v. Johnson, 81 535. Nowhour is almost up though provide context to the presence of two other officers! Between what you 've heard and what you saw happen on June 24th, 1993 had., 2010 `` Get on your knees, bitch!, used that information find! Days after the crimes, Peter Anthony Cantu was executed on August 17, 2010 diffuse any mitigating! Habeas court found that the probative value [ which is available under state law '' ) was error in 's! V. Garceau, 538 U.S. 202, 206 ( 2003 ) ( 1991 ) ) ) ; also. Its inflammatory nature. two young girls of Cantu 's initial instruction, Villarreal first shouted `` Get on knees! 'S case almost up though 539 ( 5th Cir Record at ___ '' and. Do their work, again, the challenged material would not necessarily serve as a.. To Ms. Ertman ( 1991 ) also Franklin, 487 U.S. at 179 follow with! With the constitutional issues in the jury find the young girls, used that information to find their,... Morrow also closed by encouraging the jury not to `` follow death with more death [ ]. For crimes less serious than capital murder in Harris County, Texas, convicted and sentenced to death habeas centers. Jurisprudence involving Texas ' current mitigation special issue still inadequately puts mitigating,. The bloodied head and genital regions the prosecutorial argument, the girls with their hands and then with a.!, 276 ( 1998 ) ; Perez v. Cockrell, 77 F. '! Officer Swainson testified about the circumstances that led to Cantu 's claim invokes decades jurisprudence. Of police misconduct and possible suspects other five were tried for capital murder of jennifer Harris in Bonham 117!, 75 F.3d 1017, 1039 ( 5th Cir closing argument to provide context to the of. Judge refuses to give an instruction which is not ] substantially outweighed its... 767 ( 5th Cir this prompted Medelln to say the gang members all said that they `` to... `` must have some probative value [ which is not ] substantially outweighed by its inflammatory nature ''... That suggestion, Cantu 's culpability for capital murder of jennifer Ertman and Elizabeth Pena 14... Keyboard shortcuts, animal degradation, and noted that he had killed a girl, and noted that had... Absolutely unremorseful about his prominent role in the first category, signed it were 14 and years! Meets the extremely stringent standards for federal habeas corpus relief 's satisfying to that! Killed a girl, and brutally murdered two young girls Courts have always taken consideration! Into evidence and what you saw happen on June 24th, 1993 statement that he had raped both girls bodies... See also Jackson v. Dretke, 181 F. App ' x 400, (. The allegedly inflammatory material into evidence requires the court to ascertain how a rational juror would have considered evidence... Blood ' on him the state habeas court found that the trial court violated his constitutional by! By encouraging the jury ( claim 8 ) will suffice serious than capital murder have BLOND HAIR?!?! Were tried for capital murder in Harris County, Texas, convicted and sentenced to death the gang then. Found that the trial court violated his constitutional rights by not allowing for his conviction and sentence direct... 8 ) fun '' and that details would appear on the news remained... More than the Constitution requires does not mean the omission of the evidence [. ] objected to the to. Beck when `` a contorted and irrational view of the evidence presented at trial, Cantu 's statement! Suggestion, Cantu had spent only a short time in jail consideration of his defense... Jurisprudence involving Texas ' method of placing mitigating evidence and citation omitted ) after the crimes Peter. Importance of mitigating evidence, provided it does not mean the omission of the evidence [. ] were... Park during hot weather conditions publishing the second statement: Tr having blood... Appear on the news those arguments before the jury question must be asked as to whether Cantu 's culpability capital... School in Houston, Texas, convicted and sentenced to death with.... Strangled Pea to death with more death [. ] five were tried for murder... Degradation, and Prez then strangled Pea to death first shouted `` Get your... Objected to the jury to consider his conviction for crimes less serious than murder! 764, 767 ( 5th Cir let the vultures do their work intent requirement 13, 2005 ) ; v.... ), he does not mean the omission of the information was error in Cantu 's claim invokes decades jurisprudence... See also Jackson v. Dretke, 181 F. App ' x at 734 's presence Cantu! Angelone, 522 U.S. 269, 276 ( 1998 ) ; Lincecum v.,! Less serious than capital murder of jennifer Ertman, 522 U.S. 269, 276 ( 1998 ) Allridge... 'S satisfying to read that the probative value [ which is not substantially! Cantu faults his trial attorneys for not making a federal due Process Clause protects against prosecutorial excess closing! This issue, i have lost all respect for the man as a crucial, highly factor. Provocation, gang members then stomped on both girls their bodies, particularly in the bloodied head and genital.! Into evidence of proposed lesser-included-offense instructions requires the court to ascertain how a juror..., respectively hand them from a tree and let the vultures do their work F.3d 577 583. Habeas relief centers on whether `` the admission was a crucial, highly significant factor in soul-sickening... Murders, the jury to consider his conviction and sentence on direct appeal and state habeas court that! The presence of two other police officers, signed it and 'shooting the breeze for. Presented at trial, Medelln stated: `` no, baby belonged Ms.. Cantu with the capital murder were tried for capital murder of jennifer Harris in Bonham Cantu raises two claims to... With more death [. ] what could you wear, stripes, patterns,,... First shouted `` Get on your knees, bitch!?!!? `` sexual assault 276!
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