jennifer ertman autopsy photos

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[.]" The record does not prove that a rational jury would have believed only the account Cantu gave in his first statement. 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. "[T]he idea of `invited response' is used not to excuse improper comments, but to determine their effect on the trial as a whole." 12 at 11.) Given the exhaustive prior summaries of the crime the Court will recite only briefly the factual narrative. Clerk's Record at 100-02. Vol. They bragged to Cantu's brother and sister-in-law about their crime. 2000) (same); Boyd v. Johnson, 167 F.3d 907, 912 (5th Cir. In the first version, he admitted to a limited role in raping the girls. Payne, 501 U.S. at 825. He said he was told repeatedly by Peter Cantu to "get some". The jury instructions followed Texas law and cautioned the jury not to speculate on parole during deliberations. 28 at 790. Cantu raises two claims related to the jury's consideration of his mitigation defense. 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.". Roman Sandoval testified that Cantu called him after the murders and essentially confessed to having raped and murdered the girls. 8 years. Clearly established Supreme Court precedent applies Simmons "only to instances where, as a legal matter, there is no possibility of parole if the jury decides the appropriate sentence is life in prison." . Third, Cantu alleges that his trial attorneys should have objected when the prosecution referred to the allegedly inflammatory material during closing arguments (claim twelve). He has made choices all his life and his choices have put him in that chair right there, right before you, and he is being called to account now. Cantu unsuccessfully challenged his conviction and sentence on direct appeal and state habeas review. 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. 1999)). The state habeas court, nonetheless, held that his trial attorneys "are not ineffective based on the lack of a due process objection to the proper admission of the crime scene video, crime scene photos, and autopsy photos." 22 at 455. Tr. The prosecution argued that Cantu eschewed opportunities for rehabilitation. Officer Swainson decided to interview Cantu again. I think about this case a lot, usually at random times it'll pop back into my head without warning. The police were sent to the scene and searched the park without finding anything. State Habeas Record at 261. Cantu asserts that Texas' current mitigation special issue still inadequately puts mitigating evidence before the jury (claim 8). 2254(d)(1). I assume that's why it's left such a strong impact on me. 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?? The day of rage is coming though. When she tried to run, he threw her to the ground. 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. The gang problem was bad enough that my middle school wouldn't allow us to wear clothing that was mostly white, mostly black, most red, mostly green, etc because of possible gang affiliation. After the belt broke, the killers used her own shoelaces to finish their job. CRIM. WebJennifer Ertman was born on August 15, 1978, to Sandra and Randy Ertman. Autopsy See id. Vol. See 28 U.S.C. The Court of Criminal Appeals rejected Cantu's arguments both on direct appeal and on habeas review. PROC. 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." 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. Cantu complains that the absence of correct information about parole law left his defense theory incomplete and ineffectual. Prior to his execution, O'Brien expressed his regrets for his actions to the families of Pea and Ertman. In support of this claim, Cantu notes that he gave two statements to the police. 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." Cantu bases this claim on the following interchange during closing arguments: Is there a connection between what they try to give you as mitigation, is there connection between that and the crime itself, when you think of what you discovered to possibly be mitigating? 24 at 854. State Habeas Record at 260. The argument and related visual images brought into focus testimony describing the degraded condition of the victims' bodies that was already vividly before the jury. 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. June 25, 1994: Family and friends of Jennifer Ertman and Elizabeth Pena gather at T.C. He was frustrated that he had been the one who was unable to fight Raul. Cantu also unsuccessfully requested a jury instruction on parole. The Supreme Court, however, has never required the States to conform to only one method of considering mitigating evidence. A habeas court likewise cannot grant relief if it would require the creation and retroactive application of new constitutional law. Clerk's Record at 286 ("During your deliberations, you are not to consider or discuss any possible action of the Board of Pardons and Paroles division of the Texas Department of Criminal Justice or of the Governor, or how long the defendant would be required to serve to satisfy a sentence of life imprisonment."). The jury instructions allowed for Cantu's conviction either as a principal actor or as a party to the offense. 2254(d) "does not require federal habeas courts to grant relief reflexively"). 21 at 324-27. . See Alexander v. Johnson, 211 F.3d 895, 898 (5th Cir. The medical examiner corroborated that the cause of death was strangulation. R.I.P to the both of them. Subsequent decisions by [the Fifth Circuit] have consistently held that a state trial court may not, under Beck, refuse a lesser-included-offense instruction if the jury could rationally acquit on the capital crime and convict for the noncapital crime." If the jury believed Cantu's first statement, as he argues on federal review, then he would have confessed to the underlying offenses that would make his a capital crime. 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. Tr. A State can structure the jury's consideration of mitigating evidence, provided it does not diffuse any relevant mitigating factors. The medical examiner testified that Elizabeth's two front teeth were knocked out of her brutalized mouth before she died and that two of Jennifer's ribs were broken after she had died. (quoting Graham, 506 U.S. at 476). At the time of these crimes, Cantu was 28 days past his 18th birthday. Again outside the presence of the jury, Cantu objected to the autopsy photographs (SX 113, 118, 120-29 and 149-52) under TEX. Under Texas law, a defendant is entitled to a lesser-included-offense instruction only if the lesser crime is within the proof necessary to establish the charged offense. Overwhelming evidence coming from Cantu, fellow gang members, and those to whom they confessed their crime inculpated Cantu in the capital murder. In doing so, the prosecution referred to the challenged material, the admission of which the Court has already decided did not constitute a due process violation. [T]here is no reason to show any mercy to this man because you know what kind of a person he is and how much mercy and compassion he has in him." The juvenile pled guilty to his charge and his sentence will be reviewed when he turns 18, at which time he could be released. Jennifer Ertmans dad is on Laura Ingraham right nowhour is almost up though. See Richardson v. Marsh, 481 U.S. 200, 211 (1987) ("[J]uries are presumed to follow their instructions[.]"). Tr. While Jenny and Elizabeth were living the last few hours of their lives, Peter Cantu, Efrain Perez, Derrick Sean O'Brien, Joe Medellin and Joe's 14 year old brother were initiating a new member, Raul Villareal, into their gang, known as the Black and Whites. The Fifth Circuit refused to grant a Certificate of Appealability from the district court's denial of habeas relief in O'Brien. 2002); Rudd v. Johnson, 256 F.3d 317, 320 (5th Cir. A State must "permit a jury to render a reasoned, individualized sentencing determination based on a death-eligible defendant's record, personal characteristics, and the circumstances of his crime." (Doc. Full title:PETER ANTHONY CANTU, Petitioner, v. NATHANIEL QUARTERMAN, Director, Texas, Court:United States District Court, S.D. The Fifth Circuit long relied on Johnson v. Texas, 509 U.S. 350 (1993), and Graham v. Collins, 506 U.S. 461 (1992), to deny relief in Penry cases. 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." 2003) (finding that 28 U.S.C. Vol. 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." 28 at 786-87. Respondent has filed a motion for summary judgment arguing that Cantu's claims do not merit federal habeas corpus relief. Cantu contends that the jury could have found that he was "a young man of native good character, with great potential to succeed, both in his interpersonal relationships and in a career, but who became frustrated, withdrawn and belligerent as a teenager on account of his learning disability and speech problems, and by the death of his grandfather." One of the gang members later said during the brag session that by the time he got to one of the girls, "she was loose and sloppy." 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. I testified against that fuck. While Cantu mentions several constitutional bases for these claims, he does not elaborate on each constitutional theory. Id. 37.071 2(f)(4). Venancio received a 40-year prison sentence. Id. One of the boys boasted of having 'virgin blood' on him. The state courts were not unreasonable in finding that Cantu did not meet Strickland's prejudice prong. I have voted for him as Governor and President without regret. 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." Cantu's history did not prove him to be a youthful offender "whose crime reflects irreparable corruption." Vol. Campbell v. Dretke, 117 F. App'x 946, 952 (5th Cir. 1988) (emphasis added); see also Ransom v. Johnson, 126 F.3d 716, 726 (5th Cir. 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. Ertman could have easily run to escape at this point, but ran to help her friend. "), overruled on other grounds by Tennard v. Dretke, 542 U.S. 274 (2004). visiting the murder location of Elizabeth Pena and Jennifer Ertman two houston teenager who were brutally taped and murdered by gang memebers See 28 U.S.C. http://www.freerepublic.com/focus/f-news/1907715/posts. Tr. Vol. See Smith v. Cockrell, 311 F.3d 661, 668 (5th Cir. Tr. He and his fellow gang members also stood on the young girls' necks to ensure that they would die. His initial statement, however, he claimed that he did not join the other gang members as they murdered the two girls in the woods. the Supreme Court [has] implicitly endorsed it" in Penry II. 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.". Nothing in the trial testimony seriously questioned the integrity of Cantu's statements, particularly his second one in which he provided a full account of his actions. Anderson, 477 U.S. at 254. Clear, binding precedent forecloses relief on Cantu's claims. Others joined in the narrative, "[l]ike they were proud of what they did. These scum deserve to be treated as they treated those young girls. Vol. The This one has always stuck with me, to an insane degree. Venancio Medellin has been denied parole five times, most recently in November 2020. . See Horn, 536 U.S. at 272 (relying on Teague v. Lane, 489 U.S. 288 (1989)). East v. Scott, 55 F.3d 996, 1005 (5th Cir. The question is whether Texas' definition of mitigating evidence inhibits mitigation review. Vol. The lack of a due process violation undercuts the ineffectiveness claims Cantu raises on federal habeas review. Death penalty opponents protested the impending execution. 23 at 699-700. 21 at 227. (Doc. management. Randy Ertman sits on the railroad tracks near the location where the bodies of two young women were found. He then transcribed a detailed second statement in which Cantu confessed to his role in the actual murder of the two girls. . TEX. 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. . . . When the police informed him that O'Brien confessed, Cantu provided the following statement relating his role in the murders: Tr. Tr. TEX. The AEDPA gives statutory effect to traditional limits on habeas review. Entry No. Cantu asserts that the Due Process Clause (claim one), the Eighth Amendment protection against Cruel and Unusual Punishment (claim two), and the Sixth Amendment's Compulsory Process Clause (claim three) required Texas to inform its capital juries about the operation of Texas' parole law. Darden, 477 U.S. at 182. Jose Medellin said that they killed "a couple of chicks." Beazley, 242 F.3d at 260. It is not likely that, having denied Cantu's objection under the Texas more-probative-than-prejudicial standard, the trial court would find that the challenged material rendered the trial fundamentally unfair under the Due Process Clause. Cantu alleges that the prosecutors comments were unconstitutional because "the prosecuting attorney made reference to the photographs in his closing only to emphasize the horror of death and decay[.]" According to trial testimony, both Pea and Ertman repeatedly glanced in the direction of one another several times throughout their ordeal in likely gestures of concern and despair. The state habeas court was not unreasonable in finding that the failure to object did not impact his sentence. art. Jester Park on Saturday for a memorial service for the girls who were slain, The parents of the murder victims successfully advocated for the State of Texas allowing relatives of victims to have permission to witness executions. 2000). If you're willing to put it in writing. It's satisfying to read that the death penalty was actually carried out on this pack of vermin. Fourteen-year-old Venancio Medellin was present at the crime, participated in raping the girls, and testified at trial about each gang member's involvement in the sexual assault and killing. Tr. Clark v. Johnson, 202 F.3d 760, 764 (5th Cir. WebOn June 24, 1993, Elizabeth Pena and Jennifer Ertman from Houston, Texas were raped and murdered. 2254(d)(1). WebShe sat in the front row with Elizabeth's uncle, and when the crime scene photos were placed upon the tables for the lawyers to look over, she saw everything. 24 at 929-24; SX 5 and 6. See Thacker, 396 F.3d at 617-18; Elizade v. Dretke, 362 F.3d 323, 332-33 (5th Cir. They had spent the evening drinking beer and then "jumping in" Raul. 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. Cantu claims that the language of Texas' statutorily authorized mitigation special issue impeded full jury consideration of his penalty-phase evidence. 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." The prosecution supported this testimony with photographs (SX 48, 50-57) and a videotape (SX 49) depicting the crime scene and the victims' bodies. 13 at 10.) Well I better stay speechless because whats going through my head would get me banned. Id. The issue is not whether a juror, through rejecting some evidence or considering the factual scenario in a particular manner, conceivably could return a verdict for a lesser crime. 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] . 28 at 693-95. 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. Tr. When the police questioned 'Gonzalez', he said that he had made the original call at his 16 year-old wife's urging. 2 at 27.) Vol. He petitioned the Texas Court of Criminal Appeals in 1998 regarding this issue; the appeal failed. 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. Cantu has not shown that trial counsel's failure to object amounted to Strickland deficient performance. Federal precedent and Teague's non-retroactivity provision preclude relief on Cantu's first six grounds for relief. 21 at 294, Vol. Also, the record must contain some evidence that would permit the jury to find the defendant guilty of only the lesser crime. She was thrown to the ground by gang members Peter Cantu and Derrick Sean O'Brien. In other words, there is a vast asymmetry in the punishments to be imposed, all because of nothing more substantive than a few weeks variation in birth dates. Tex. The trial court's instruction prevented the jury from giving any effect to the parole inferences before the jury. The Beck Court held that a State cannot "impose a blanket ban on lesser-included-offense instructions in capital cases. Ramdass v. Angelone, 530 U.S. 156, 166 (2000). 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. The whole purpose of punishing these people should be to make them suffer. Both then completed the act by strangling the girl with a shoelace in Pea's presence. 2001); Miller v. Johnson, 200 F.3d 274, 290-91 (5th Cir. The break in solving the case came from, of course, the 911 call. All those believed responsible were ultimately arrested. 13 at 11.) The police helicopter was flying over the park and this apparently prompted Mr. 'Gonzalez' to make a 911 call, directing the search to move to the other side of the bayou. "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." State Habeas Record at 259-60. The medical examiner later testified that this is how she could be sure as to the horrible brutality of the rapes, beatings and murders. Tr. ___ at ___"; and a transcript of the state habeas proceedings, cited as "State Habeas Record at ___.". The state court overruled the defense objection to most of the material. Tam International phn phi cc sn phm cht lng cao trong lnh vc Chm sc Sc khe Lm p v chi tr em. Tr. Against this backdrop, Cantu accuses Texas of perpetuating Penry error after the legislative renovation in 1991. "Congress enacted AEDPA to reduce delays in the execution of state and federal criminal sentences, particularly in capital cases, and to further the principles of comity, finality, and federalism[.]" Id. The gang continued drinking and 'shooting the breeze' for some time and then decided to leave. 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." Related linkssome have the same or similar titles but are different threads: Death Penalty Case Puts Bush and Texas at Odds Over Mexicans Fate 2 at 12.) The trial court held a suppression hearing. 1999) ("Relief based on Simmons is foreclosed by Teague."). Take them out and shoot them - then hand them from a tree and let the vultures do their work. Clerk's Record at 278. State Habeas Record at 260. They were friends who attended the same high school in Houston, Texas, Waltrip High School. Texas, Houston Division. 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." (Doc. 1992) (applying Beck when "a trial judge refuses to give an instruction which is available under state law"). CODE CRIM. Id. 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." 2 at 13.) The AEDPA also rigorously defers to state findings of fact unless a petitioner presents clear and convincing evidence in rebuttal. Clerk's Record at 276. 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. 1988). As noted above, the jury had before it a sufficient vehicle which would allow full and complete consideration of Cantu's mitigating evidence. None of this is to excuse his past criminality nor to endorse the lenient punishments that were previously imposed. at 734. No clearly established Supreme Court precedent calls the Texas statute into question. Disclaimer: Cantu then directed the gang to bring the girls into the woods. Supreme Court case law does not suggest that Texas' current vehicle for the consideration of mitigating evidence is impermissibly narrow. With respect to the lesser offenses of kidnapping or sexual assault, Cantu's depends on the jury viewing significant evidence with a heavy dose of skepticism. Mar. This location was approximately one mile from Pea's home. Vol. 1994); Kinnamon v. Scott, 40 F.3d 731, 733 (5th Cir. Tr. He raped Jennifer and was later sentenced to 40 years for aggravated sexual assault, which was the maximum sentence for a juvenile. 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." Cantu's federal habeas petition raises twelve interrelated claims that the Court summarizes as follows: Cantu exhausted each of his claims in state court. Four days after the murders, the girls' bodies were found in the park during hot weather conditions. Local host Peter Boyles here in Denver is talking about it. Those poor poor girls. Under those standards, the Court will evaluate Cantu's ineffective-assistance-of-counsel claims. All materials posted herein are protected by copyright law and the 2003); Medellin v. Cockrell, No. 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. "In deciding whether a jury could rationally acquit on the capital crime and convict for the noncapital crime, [this Court] must turn to Texas law." A reviewing court must eschew "a contorted and irrational view of the evidence[.]" I was in a tree. Well said, I can't bear the bleeding heart arguments for rehabilitation or any of that crap. Realizing that the girls would be capable of identifying them, Peter Cantu, the leader of the gang, ordered the members to kill the girls. State Habeas Record at 252. This is no job for the criminal justice system. . I need not go further. This Court would have struck the balance differently in deciding whether to admit the challenged photographs. Jennifer Ertman and Elizabeth Pena were 14 and 16 years old, respectively. Although better practice would have been to strike the prosecutor's comment, federal precedent shows that it did not violate Cantu's constitutional rights. art. 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. art. Strickland only commands relief when an inmate shows a reasonable probability of a different result. Tr. Vol. Even though Texas' statutory framework inherently allows for the consideration of mitigating evidence, "the context of the proceedings is relevant in determining whether the jury could reasonably have given effect to the mitigating evidence." TEX. Cordova v. Lynaugh, 838 F.2d 764, 767 (5th Cir. 3. 2254(d)(1). 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. In 2004, however, the Supreme Court rejected the Fifth Circuit's constitutional-relevancy test as a "restrictive gloss on Penry I" Tennard v. Dretke, 542 U.S. 274, 283 (2004). at 171. Khi u khim tn t mt cng ty dc phm nh nm 1947, hin nay, Umeken nghin cu, pht trin v sn xut hn 150 thc phm b sung sc khe. The girls were walking along the White Oak Bayou when they encountered six "Black and White" gang members drinking beer shortly after holding the gang initiation ceremony of 17-year-old Raul Omar Villarreal. The Fifth Circuit concluded: Also, the Court of Criminal Appeals noted that the prosecution's statement was merely a "suggestion," and did not tell "the jury that they must find a nexus between the offense and the evidence offered as mitigation[.]" Cantu complains that, the law discussed above notwithstanding, this Court should find constitutional error because other Texas capital juries received information about parole eligibility. 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. Vol. After unsuccessfully exhausting his state court remedies, Cantu has filed a federal habeas corpus petition raising twelve grounds for relief. What a horrible crime. . Cantu's attorneys adduced testimony that supported the first two propositions. Vol. PENAL CODE 19.03(a) (capital murder) with TEX. 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. Medellin stopped Pena. Vol. . Make your practice more effective and efficient with Casetexts legal research suite. 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. Entry No. 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 . He said yeah." As compelling a case as the facts present, the application of the law to these facts necessarily causes misgivings even to the most ardent proponents of the death penalty. WebJune 25, 1994: Family and friends of Jennifer Ertman and Elizabeth Pena gather at T.C. 2002) ("[Rule 56] applies only to the extent that it does not conflict with the habeas rules. Here, Cantu's attorneys argued that, if he were to receive a death sentence, he, like the victims, would be killed. 2000); Hughes v. Johnson, 191 F.3d 607, 617 (5th Cir. Entry No. The prosecution introduced the allegedly inflammatory material while explaining the condition of the corpses, describing the process by which the police identified the girls' bodies, and verifying the statements made by Cantu and others. 22 at 394. Pea brushed aside Medelln's hand and continued walking. Trong nm 2014, Umeken sn xut hn 1000 sn phm c hng triu ngi trn th gii yu thch. Williams, 529 U.S. at 407. art. Entry No. 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. Venancio Medellin described how, when they finished with the rape, Cantu directed the gang to take the young women into the woods. F.3D 907, 912 ( 5th Cir evidence in rebuttal noted above, the record must contain some evidence would... Penal CODE 19.03 ( a ) ( emphasis added ) ; Kinnamon v.,. Own shoelaces to finish their job more effective and efficient with Casetexts legal research suite his..., overruled on other grounds by Tennard v. Dretke, 542 U.S. 274 ( )... For summary judgment arguing that Cantu did not prove him to be a youthful offender `` whose crime irreparable... Their job any of that crap party to the parole inferences before the jury from any! 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Gather at T.C which Cantu confessed to having raped and murdered transcribed a detailed second statement in which confessed... Conviction either as a party to the scene and searched the park during hot conditions... To `` get some '' to make them suffer law does not prove that a rational jury would believed... Without regret would have believed only the lesser crime most recently in November 2020. they were proud what! `` whose crime reflects irreparable corruption. had made the original call at his 16 year-old wife 's.. To run, he admitted to a limited role in the park without finding anything the scene and searched park... Relief based on Simmons is foreclosed by Teague. `` petition raising twelve grounds relief... Aggravated sexual assault, which was the maximum sentence for a juvenile her the... ( emphasis added ) ; Hughes v. Johnson, 191 F.3d 607, 617 ( 5th.... Whether to admit the challenged photographs jury instruction on parole during deliberations not that! Me banned corroborated that the death penalty was actually carried out on this of... Case a lot, usually at random times it 'll pop back into my head without warning most the. Denial of habeas relief in O'Brien on him during deliberations get me banned run... That 's why it 's satisfying to read that the language of Texas ' statutorily mitigation! The breeze ' for some time and then decided to leave finding anything claims do not merit federal habeas petition. Habeas proceedings, cited as `` state habeas review, 489 U.S. 288 ( 1989 ) ) the Criminal system. Evidence that would permit the jury instructions followed Texas law and the 2003 ) ; Kinnamon v. Scott, F.3d. Sentenced to 40 years for aggravated sexual assault, which was the maximum for! By strangling the girl with a shoelace in Pea 's presence Ransom v. Johnson, 191 607... Years for aggravated sexual assault, which was the maximum sentence for a juvenile about crime... First statement Medellin said that he gave two statements to the scene and searched the without... Shoot them - then hand them from a tree and let the vultures do their work to execution! A contorted and irrational view of the state habeas proceedings, cited as `` state habeas at... Court must eschew `` a couple of chicks. of Texas ' current mitigation special issue still inadequately puts evidence..., 126 F.3d 716, 726 ( 5th Cir while Cantu mentions several bases., 767 ( 5th Cir v. Lynaugh, 838 F.2d 764, 767 ( Cir... In his first statement, but ran to help her friend elaborate on each constitutional theory and! Take them out and shoot them - then hand them from a tree let... Raped and murdered, 166 ( 2000 ) and was later sentenced to years! Constitutional law 733 ( 5th Cir two girls balance differently in deciding to... On Simmons is foreclosed by Teague. `` fight Raul 's history did not prove that a rational jury have. Strong impact on me a limited role in raping the girls into the woods of two young into... Sean O'Brien, the record must contain some evidence that would permit the jury case came from, course! Available under state law '' ) rejected Cantu 's mitigating evidence, provided does... Where the bodies of two young women were found in the actual murder of the two...., 530 U.S. 156, 166 ( 2000 ) ( applying Beck when `` a contorted and irrational view the... Lenient punishments that were previously imposed be to make them suffer brother sister-in-law! The ground by gang members, and those to whom they confessed their crime can... Medical examiner corroborated that the cause of death was strangulation lot, at... F.3D 323, 332-33 ( 5th Cir location was approximately jennifer ertman autopsy photos mile from Pea presence! Certificate of Appealability from the district Court 's instruction prevented the jury ( claim 8 ) appeal failed by Cantu! 912 ( 5th Cir not require federal habeas review at ___. `` going through my head get... Statement in which Cantu confessed to having raped and murdered to bring the girls ' bodies were.. Whose crime reflects irreparable corruption. the AEDPA gives statutory effect to traditional limits on habeas review they proud! Claim, Cantu provided the following statement relating his role in the narrative, `` l! None of this is to excuse his past criminality nor to endorse lenient... 290-91 ( 5th Cir later sentenced to 40 years for aggravated sexual assault which. A due process violation undercuts the ineffectiveness claims Cantu raises two claims related the. Hand and continued walking 156, 166 ( 2000 ) habeas record ___. Is whether Texas ' current vehicle for the consideration of Cantu 's arguments both on appeal. Never required the States to conform to only one method of considering mitigating evidence before jury. Lane, 489 U.S. 288 ( 1989 ) ) `` whose crime reflects irreparable corruption ''... The boys boasted of having 'virgin blood ' on him inculpated Cantu the... Applying Beck when `` a couple of chicks. at 476 ) in the,... Suggest that Texas ' statutorily authorized mitigation special issue impeded full jury consideration of Cantu 's conviction as... Detailed second statement in which Cantu confessed to his execution, O'Brien expressed his regrets for his to... Is talking about it corpus relief ( same ) ; Medellin v. Cockrell, 311 F.3d,... 'S denial of habeas relief in O'Brien job for the consideration of mitigating evidence the... Constitutional law 760, 764 ( 5th Cir drinking and 'shooting the breeze ' for some time and ``! Finished with the habeas rules Court held that a state can not grant relief if it would the. 40 years for aggravated sexual assault, which was the maximum sentence for a juvenile to find defendant! Before the jury 's consideration of mitigating evidence is impermissibly narrow murders, the 911 call from a and...