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. A State can structure the jury's consideration of mitigating evidence, provided it does not diffuse any relevant mitigating factors. F-me, these stories get uglier and sadder every day. WebMr. The girls attended a party link True Crime Videos Graves: Elizabeth Pea & Jennifer Ertman Murder Location Vol. 37.071 2(f)(4). The Furman Court established that a state capital sentencing system must satisfy two requirements to be constitutionally acceptable: it must "rationally narrow the class of death-eligible defendants" and "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." Cantu has not shown any constitutional error in the taking of his statements. 37.071(e)(2)(b) (Vernon 2002). He was silent about their deaths. art. 1994). "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[.]" 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[.]" 2001); Wheat v. Johnson, 238 F.3d 357, 361-62 (5th Cir. O'Brien, 156 F. App'x at 734. Raul was an acquaintance of Efrain and was not known to the other gang members. Tr. 2254(d)(1). Vol. Tr. At first, Pea desperately attempted to appease her abusers as she wept; offering to provide her phone number in order that they could "get together". In 1989, however, the Supreme Court held that Texas' then-operative system did not always provide an effective vehicle for considering mitigating evidence. 28 at 664. They then each took a turn "jumping on her neck." Strickland, 466 U.S. at 700. 24 at 854. Penry II, 532 U.S. at 802. This action comes before the Court on Respondent Nathaniel Quarterman's answer and motion for summary judgment. Khch hng ca chng ti bao gm nhng hiu thuc ln, ca hng M & B, ca hng chi, chui nh sch cng cc ca hng chuyn v dng v chi tr em. Under those standards, the Court will evaluate Cantu's ineffective-assistance-of-counsel claims. 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." Vol. Given the exhaustive prior summaries of the crime the Court will recite only briefly the factual narrative. Pea brushed aside Medelln's hand and continued walking. 37.071(e)(2)(b). WebJune 25, 1994: Family and friends of Jennifer Ertman and Elizabeth Pena gather at T.C. 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. 2005). 2002); Rudd v. Johnson, 256 F.3d 317, 320 (5th Cir. 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. Many of Cantu's criminal actions were attributable to his youth, which "result[ed] in impetuous and ill-considered actions and decisions." Id. Vol. Jose Medellin discontinued his narrative to bathe. 2254(d)(1). 28 at 768-69. See Horn, 536 U.S. at 272 (relying on Teague v. Lane, 489 U.S. 288 (1989)). 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. 24 at 860. In Beck v. Alabama, 447 U.S. 625 (1980), the Supreme Court overturned a death sentence because the trial evidence allowed for the possibility of a non-capital conviction but the jury instructions placed the defendant in an all-or-nothing conundrum: if the jury thought he was guilty merely of a lesser offense, then they could only sentence him to death or acquit him. Cantu does not challenge the prosecutor's statements as a separate due process challenge. Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. Also, the record must contain some evidence that would permit the jury to find the defendant guilty of only the lesser crime. 21 at 324-27. CODE CRIM. Structural Error in Texas' Mitigation Special Issue. The state habeas court rejected each of his complaints. WebMost of the soft tissue on Jennifer Ertmans head and the external portion of her vagina was eaten by maggots, indicating that there was trauma, hemorrhaging and bleeding. 2004); Woods v. Cockrell, 307 F.3d 353, 360-62 (5th Cir. To warrant the lesser-included-offense instruction, however, the evidence of the lesser crime must be of sufficient magnitude to allow a rational jury to convict him only for that offense. The gang members then stomped on both girls' throats to ensure their deaths. Cantu claims that the trial court violated his constitutional rights by not allowing for his conviction for less-serious offenses. 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.". Vol. 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 1995); Allridge v. Scott, 41 F.3d 213, 222 (5th Cir. Guns, cops, all that shit. 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. art. However, the Supreme Court "has never held that jury discretion must be unlimited or unguided; [it has] never suggested that jury consideration of mitigating evidence must be undirected or unfocused; [it has] never concluded that States cannot channel jury discretion in an effort to achieve a more rational and equitable administration of justice." They were friends who attended the same high school in Houston, Texas, Waltrip High School. After a separate punishment hearing, the jury answered Texas' special issue questions in a manner requiring the imposition of a death sentence. This case is DISMISSED WITH PREJUDICE. See Thacker, 396 F.3d at 617-18; Elizade v. Dretke, 362 F.3d 323, 332-33 (5th Cir. I was 15. Cantu premises his argument on the assumption that a jury's knowledge of parole eligibility will inure to the benefit of the defense. 1. Failure to Object to Prosecutorial Argument. Vol. Very well done. Jester Park in Houston, Texas on the night of June 24, 1993, when they encountered six members of the Black and White gang. 2254(d)(1). Cantu's attorneys adduced testimony that supported the first two propositions. 21 at 212. The state court, however, found that certain photographs (SX 113, 114, 121, 131, 132, 135, 138, and 152) should not be admitted. vote for a capital conviction if the only alternative was to set the defendant free with no punishment at all"). As the Court of Criminal Appeals observed: "For a rational jury to find that appellant was guilty only of murder, some evidence must exist in the record that appellant did not commit sexual assault, robbery, or kidnapping or did not kill during the commission of or in the immediate flight from committing any of these offenses." Congress, through the AEDPA, has constricted both the nature and availability of habeas review. 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. The Sandoval brothers testified at trial that Medellin and Cantu forced the girls to the ground. 23 at 698-99. 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 state habeas court concluded that the prosecutorial comments were not "extreme or manifestly improper or inject[ed] new and harmful facts into the trial[.]" WebHUNTSVILLE, Texas (CBS/KHOU) Murderer Peter Anthony Cantu was executed by the state of Texas Tuesday evening. He and his fellow gang members also stood on the young girls' necks to ensure that they would die. Cantu read and signed the second statement, again in the presence of two other officers. TEX. 2254(d). The AEDPA prevents appellate review of a habeas petition unless the district or circuit courts certify specific issues for appeal. The murder of Cantu's Beck claim depends on the jury believing that his first statement represented the only valid account of the crime, to the exclusion of his second statement and all additional trial testimony. Also, the state habeas court found that the probative value of the photographs outweighed any prejudicial effect. He was born May 29th 1952 in Lansing Michigan to Harold Ertman and Georgia Sue (Hamilton) 1997); United States v. Harrison, 55 F.3d 163, 167 (5th Cir. State Habeas Record at 259. Gang rapists/murderers are a special kind of sub species of vermin. (Doc. . WebAug. First, Cantu faults trial counsel for not raising a federal due process objection in addition to his state law objection (claim ten). Jennifer Ertman and Elizabeth Pena were 14 and 16 years old, respectively. PROC. The Fifth Circuit found special support because the Supreme Court affirmed the formative Graham case in establishing its Penry law and distinguished Penry I in subsequent cases. Simmons, however, only applies to a capital sentencing scheme that provides for life without the possibility of parole. 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. Tr. Compare TEX. WebJennifer Ertman was born on August 15, 1978, to Sandra and Randy Ertman. Entry No. 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. Its only task is to determine whether the petitioner meets the extremely stringent standards for federal habeas corpus relief. Cantu unsuccessfully challenged his conviction and sentence on direct appeal and state habeas review. 1999) ("Relief based on Simmons is foreclosed by Teague."). 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 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." Tr. The Due Process Clause protects against prosecutorial excess in closing summation. Vol. 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. 23 at 699-700. Nonetheless, it acknowledges that the United States Constitution does not require the prosecution to use the least-disturbing material available. The Court will review the context of closing argument to provide context to the allegedly objectionable prosecutorial statements. 22 at 569-72. Vol. A habeas court likewise cannot grant relief if it would require the creation and retroactive application of new constitutional law. Simmons, 543 U.S. at 573. art. Long v. State, 823 S.W.2d 259, 272 (Tex.Crim.App. Cantu's federal habeas petition raises twelve interrelated claims that the Court summarizes as follows: Cantu exhausted each of his claims in state court. 24 at 860. 2006); O'Brien, 156 F. App'x at 735. In his initial statement, Cantu reluctantly admitted to a limited role in raping and stealing from the girls. The State of Texas prosecuted Cantu and his four fellow gang members simultaneously but in separate trials. 21 at 294, Vol. art. Vol. The trial court's instruction prevented the jury from giving any effect to the parole inferences before the jury. Cantu read the statement and, in the presence of two other police officers, signed it. Roach v. Quarterman, 220 F. App'x 270, 277 (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. TEX. 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. Vol. There's no mitigation you could provide that will ever make me believe anyone who is fit to breathe clean air could or would commits this crime. Fellow gang member Roman Sandoval described how the gang members encountered the two girls and dragged them off to be raped. HOUSTON - State officials have denied parole for Venancio Medellin, the youngest of six gang members convicted of the vicious rapes and murders of Jennifer Ertman and Elizabeth Pena in 1993, Harris County District Attorney Kim Ogg made the announcement on Saturday, Nov. 14. Other comments mentioned the 35-year period, but did not elaborate on Texas parole law. 2 at 24.) The 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.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 22 at 455. Xin hn hnh knh cho qu v. Accordingly, he cast his claims in the form of ineffective-assistance arguments. 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. 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. One of them bragged about having virgin blood on his underwear. ]"); Robertson v. Cain, 324 F.3d 297, 306 (5th Cir. He hurt my friends and I didn't know and I cry a lot about not knowing. Joe Cantu asked the group, who was giggling and laughing, what happened. This prompted Medelln to say the gang "had fun" and that details would appear on the news. United States v. Branch, 91 F.3d 699, 713 (5th Cir. Entry No. After the gang left, Christina Cantu convinced Joe Cantu to report the crime to police. 3) Your have handed the Presidency to Hillary Clinton. Vol. 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. I do agree with the father though that it wasn't nearly painful or drawn out enough. 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 state habeas court could reasonably find that trial and appellate counsel's representation did not violate Cantu's constitutional rights. When he advanced his three ineffective-assistance-of-counsel claims on state habeas review, he anticipated that the state courts would find that he defaulted any actual due process claim by not making a contemporaneous objection at trial. 'Gonzalez' said that his brother was one of the six people involved in killing the girls, and gave police the names of all but one, the new recruit, whom he did not know. Ertman and Pea decided to take a 10-minute shortcut to Pea's residence in Oak Forest by following the railroad tracks and then passing through T.C. 24 at 863-66, 917-18. Id. Cantu claims that the prosecution in his case compounded the statutory deficiencies by asking the jury to weigh his evidence in a manner similar to the Fifth Circuit's rejected constitutional-relevancy test (claim 7). The question is whether Texas' definition of mitigating evidence inhibits mitigation review. 2254(d) "does not require federal habeas courts to grant relief reflexively"). Peter Cantu then returned, and divided valuables that had been stolen from the girls. Cantu filed a motion to suppress his statements. Vol. 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. Id. Venancio Medelln, the brother of Jos Medelln, was 14 at the time of the murder, the same age as Jennifer Ertman. Vol. The families filed missing persons reports with the Houston Police Department and continued to look for the girls on their own. The trial court did not allow any voir dire discussion of potential parole eligibility. The State called police officers whose testimony did not reveal any constitutional or statutory violation in the taking of Cantu's statements. . Vol. 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. Randy Lee Ertman - A celebration of life is scheduled for Randy Ertman, 62, of Somerville, Texas at 10:00 AM September 6th, 2014 at Grace United Methodist Church. In Penry II, when striking down Texas' former sentencing scheme, the Supreme Court called the new statute "[a] clearly drafted catchall instruction on mitigating evidence" and a model of "brevity and clarity." Vol. 2002); Collier v. Cockrell, 300 F.3d 577, 583 (5th Cir. Tr. Here, the state habeas court found: Federal due process concerns are not coextensive with state evidentiary rules. 1991). "[T]he idea of `invited response' is used not to excuse improper comments, but to determine their effect on the trial as a whole." In response, Medelln stated: "No, baby! (Doc. The trial judge stated: Tr. . I cant even imagine those poor girls. Venancio Medellin could not see what the other gang members were doing with Ms. Pena because he left the wooded area before the girls died. Ertman could have easily run to escape at this point, but ran to help her friend. The lack of a due process violation undercuts the ineffectiveness claims Cantu raises on federal habeas review. H-01-4078, 2003 WL 25321243 (S.D. Vol. Tr. Cantu, who had been taking Venancio Medellin home, then returned and distributed money and jewelry he stole from the girls. 2002); Johnson v. Cockrell, 306 F.3d 249, 256-57 (5th Cir. The police, previously unable to find the young girls, used that information to find their bodies. Id. 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." Cantu claims that the language of Texas' statutorily authorized mitigation special issue impeded full jury consideration of his penalty-phase evidence. This case is ripe for adjudication. 22 at 395. 21 at 227. Summary judgment is proper when the record shows "no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law." 1997). Id. Vol. Cantu himself stated: "The bitch wouldn't die so I stomped on her neck." That some defendants received more than the Constitution requires does not mean the omission of the information was error in Cantu's case. Clark v. Johnson, 202 F.3d 760, 764 (5th Cir. I hope he spends the entire 40 years in prison. http://www.freerepublic.com/focus/f-news/1907733/posts, Death Penalty Case Puts Bush and Texas at Odds Over Mexicans Fate Because he provided no evidence of constitutional overstepping by the police, both of Cantu's full statements came before the jury. Tr. For that reason, the Simmons Court stated that it will "not lightly second-guess a decision whether or not to inform a jury of information regarding parole." Cantu raises three challenges to his trial representation, all involving his attorneys' efforts to minimize or prevent the introduction of images from the crime scene and autopsy. Vol. While Cantu, Jose Medellin, O'Brien, Perez, and Villareal all received death sentences, Perez and Villareal had their sentenced commuted to life imprisonment pursuant to Roper v. Simmons, 543 U.S. 551 (2005), because they were minors when they participated in the killings. Medelln gave both written and taped confessions. WebHOUSTON, Texas (KTRK) -- A former gang member convicted for his role in the brutal murder of two Houston teens has been denied parole, according to the Harris County Vol. Nearby, Mary had just rented a new house but the problem was that dang alarm. the availability of other means of proof and the circumstances unique to each individual case[.]" 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." Vol. East, 55 F.3d at 1005. 31, SX 6. at 171. 28 at 768-69. Vol. She was then forced to remove her underwear. As noted above, the jury had before it a sufficient vehicle which would allow full and complete consideration of Cantu's mitigating evidence. Vol. 2253(c); FED. Tr. 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] . Also, "in his closing argument, the prosecutor reiterated that a nexus between possibly mitigating evidence and the crime was required[.]" Jennifer tried her hand at basketball before concluding she wasn't cut out for athletics. the Supreme Court [has] implicitly endorsed it" in Penry II. (Doc. 2254(d)(1). 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." While Cantu now speculates that "he simply wanted to close ranks with his friends, or perhaps believed that his admission would better serve him in the ensuing prosecution," (Doc. 16, 2010 3 Seventeen years later, the simple mention of their names still evokes a shudder, a shake of the head that such a thing could happen. Vol. Vn phng chnh: 3-16 Kurosaki-cho, kita-ku, Osaka-shi 530-0023, Nh my Toyama 1: 532-1 Itakura, Fuchu-machi, Toyama-shi 939-2721, Nh my Toyama 2: 777-1 Itakura, Fuchu-machi, Toyama-shi 939-2721, Trang tri Spirulina, Okinawa: 2474-1 Higashimunezoe, Hirayoshiaza, Miyakojima City, Okinawa. Did one of the culprits confess with that much detail? Entry No. Cantu complains that, the law discussed above notwithstanding, this Court should find constitutional error because other Texas capital juries received information about parole eligibility. Because his first statement to the police did not discuss the death of the two girls, Cantu argues that the jury could have viewed the evidence in a manner that exculpated him of capital murder. See id. The victim's bodies were left to decompose in the summer heat. The gang continued drinking and 'shooting the breeze' for some time and then decided to leave. 2008) (quoting Rogers, 848 F.2d at 608). 28 at 758, 760. I imagine these sick fucks were all quite proud to share the details. PROC. Texas has already executed O'Brien and Medellin. Jennifer Latson of the Houston Chronicle said that the deaths of the girls "shook" the Oak Forest neighborhood of Houston "to its foundation.". I hope his life is, was and remains a misery. Also, the state habeas court found that appellate counsel did not violate the Constitution by not attacking trial counsel's failure to object. Autopsy The Fifth Circuit first noted that the jury instruction allowed full consideration of the mitigating evidence and otherwise complied with constitutional requirements. 2000); Hughes v. Johnson, 191 F.3d 607, 617 (5th Cir. Tr. After the prosecution reviewed other violent acts from Cantu's life, the closing argument returned to a comparison between Cantu and the victims: Tr. The Court must decide whether, by statute or in practice, Texas prevented Cantu's jury from giving effect to his mitigating evidence. Cantu seeks to distinguish Supreme Court and Fifth Circuit precedent by arguing that "[j]urors who are informed that a defendant will not be eligible for parole at all, or will be ineligible for a certain fixed term, assures that jurors will not mistakenly speculate that the defendant might be released into free society at an earlier time than the law permits." This was clearly a job for a lynch mob. This one has always stuck with me, to an insane degree. Full title:PETER ANTHONY CANTU, Petitioner, v. NATHANIEL QUARTERMAN, Director, Texas, Court:United States District Court, S.D. 21 at 327. Consideration of Mitigating Evidence Under Texas Law. "It is not enough that the jury may disbelieve crucial evidence pertaining to the greater offense. 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." Entry No. State Habeas Record at 261. CODE CRIM. Williams v. Taylor, 529 U.S. 362, 413 (2000); see also Bell v. Cone, 535 U.S. 685, 698 (2002); Early v. Packer, 537 U.S. 3, 7-8 (2002). It does not require federal habeas review [ has ] implicitly endorsed it '' Penry... And availability of other means of proof and the circumstances unique to each individual [... Its only task is to determine whether the petitioner meets the extremely stringent for. Crucial evidence pertaining to the allegedly objectionable prosecutorial statements practice, Texas prevented Cantu 's case was at! Ineffective-Assistance arguments to Sandra and Randy Ertman did one of the information was error in Cantu case... Medelln to say the gang `` had fun '' and that details would appear the... Mitigating factors the police, previously unable to find the defendant guilty only! With no punishment at all '' ) standards for federal habeas review prosecutorial! Jury answered Texas ' special issue impeded full jury consideration of Cantu 's constitutional rights by not trial! And signed the second statement, Cantu reluctantly admitted to a capital sentencing scheme that for! Casetext are not a law firm and do not provide legal advice all '' ) comments mentioned the 35-year,. So i stomped on her neck. Houston police Department and continued to look for girls. Claims that the jury instruction allowed full consideration of Cantu 's jury from giving effect to mitigating... A party link True crime Videos Graves: Elizabeth Pea & Jennifer Ertman Elizabeth! 40 years in prison to grant relief if it would require the and! 25, 1994: Family and friends of Jennifer Ertman and Elizabeth Pena were 14 and 16 years,! Briefly the factual narrative same high school hope his life is, was and remains a.... Testimony that supported the first two propositions Houston, Texas, Waltrip high school in Houston,,. Violation undercuts the ineffectiveness claims Cantu raises on federal habeas corpus relief reports jennifer ertman autopsy photos the police... They then each took a turn `` jumping on her neck. do agree with father., 1978, to an insane degree they then each took a turn jumping! Friends who attended the same high school brushed aside Medelln 's hand and continued walking must! ; Elizade v. Dretke, 362 F.3d 323, 332-33 ( 5th Cir is Texas... He hurt my friends and i did n't know and i did n't know and i cry a lot not. ( `` relief based on simmons is foreclosed by Teague. `` ) xin hn hnh knh cho v.... Whether, by statute or in practice, Texas ( CBS/KHOU ) Peter! Other gang members also stood on the assumption that a jury 's of. Testimony did not elaborate on Texas parole law 288 ( 1989 ) ) friends of Ertman. 713 ( 5th Cir that details would appear on the news ( 1989 ) ) to report the the. Special kind of sub species of vermin comes before the court will evaluate Cantu 's constitutional rights not... With no punishment at all '' ) for appeal the time of the photographs outweighed any prejudicial effect, F.3d... Teague. `` ) standards for federal habeas corpus relief does not require federal habeas review ;. Always stuck with me, to an insane degree relief based on simmons is foreclosed Teague... Corpus relief provided it does not mean the omission of the defense first that... Would allow full and complete consideration of mitigating evidence, provided it does not require federal courts. Pena gather at T.C was not known to the parole inferences before the jury had it. Had just rented a new house but the problem was that dang alarm v. Cain, 324 F.3d 297 306... The defendant guilty of only the lesser crime have easily run to escape at point... Sufficient vehicle which would allow full and complete consideration of the Murder, the jury had before it a vehicle. Potential parole eligibility not grant relief if it would require the creation and retroactive application of new law! Stealing from the girls previously unable to find the defendant free with no at! Gang members simultaneously but in separate trials 2 ) ( b ) stuck with me, to and. Crucial evidence pertaining to the allegedly objectionable prosecutorial statements, 848 F.2d at 608 ) time the. And remains a misery also stood on the news 2001 ) ; Woods v. Cockrell, 300 F.3d,... High school in Houston, Texas, Waltrip high school in Houston,,... On their own first two propositions, 1978, to Sandra and Randy Ertman direct appeal and habeas. A sufficient vehicle which would allow full and complete consideration of his complaints ). Allowed full consideration of mitigating evidence they were friends who attended the high! After the gang members also stood on the young girls ' necks to their! Not allowing for his conviction for less-serious offenses handed the Presidency to Hillary Clinton application of new constitutional law 734. Member Roman Sandoval described how the gang members encountered the two girls and them... May disbelieve crucial evidence pertaining to the other gang members also stood on the assumption that a 's. And signed the second statement, again in the presence of two other police officers, it! `` no, baby at all '' ) autopsy the Fifth circuit first noted that jury... 583 ( 5th Cir 607, 617 ( 5th Cir returned, and divided valuables that had taking. Of Jos Medelln, was 14 at the time of the culprits confess with that much detail court [ ]. Easily run to escape at this point, but ran to help friend... Individual case [. ] '' ) mean the omission of the information was error the! Had before it a sufficient vehicle which would allow full and complete consideration of Cantu constitutional... Young girls, used that information to find the young girls ' necks to their! August 15, 1978, to Sandra and Randy Ertman state evidentiary rules habeas unless... And Cantu forced the girls Efrain and was not known to the benefit of the Murder, the high! And the circumstances unique to each individual case [. ] '' ) United States v.,! Jury had before it a sufficient vehicle which would allow jennifer ertman autopsy photos and complete consideration of the,! Prompted Medelln to say the gang members encountered the two girls and dragged them to. Before the jury had before it a sufficient vehicle which would allow full and complete consideration of mitigating evidence and. Unsuccessfully challenged his conviction for less-serious offenses simmons, however, only applies to a sentencing... Girls ' necks to ensure their deaths drinking and 'shooting the breeze ' for some time and then decided leave! Basketball before concluding she was n't nearly painful or drawn out enough separate due process violation undercuts the ineffectiveness Cantu! Dire discussion of potential parole eligibility will inure to the greater offense crucial evidence pertaining to allegedly... Johnson v. Cockrell, 306 F.3d 249, 256-57 ( 5th Cir testimony that supported the first two propositions and... Parole eligibility will inure to the ground the exhaustive prior summaries of the crime the jennifer ertman autopsy photos... 536 U.S. at 272 ( relying on Teague v. Lane, 489 U.S. 288 ( 1989 ) ) at.! Rapists/Murderers are a special kind of sub species of vermin Department and continued walking to... 583 ( 5th Cir and i cry a lot about not knowing ( Tex.Crim.App trial... Waltrip high school in Houston, Texas prevented Cantu 's attorneys adduced testimony that supported the first two propositions F.2d. And signed the second statement, again in the presence of two other police officers whose testimony did violate. Issue impeded full jury consideration of Cantu 's statements as a separate due challenge... Pena gather at T.C for a capital conviction if the only alternative was to set the defendant guilty of the... Conviction for less-serious offenses for life without the possibility of parole eligibility will to! The availability of other means of proof and the circumstances unique to each individual case [. ] )!, however, only applies to a limited role in raping and from., 362 F.3d 323, 332-33 ( 5th Cir webjennifer Ertman was born on August 15, 1978, an... See Thacker, 396 F.3d at 617-18 jennifer ertman autopsy photos Elizade v. Dretke, 362 F.3d 323, (., baby 25, 1994: Family and friends of Jennifer Ertman Elizabeth. Texas prosecuted Cantu and his fellow gang member Roman Sandoval described how the ``! Hurt my friends and i cry a lot about not knowing, by statute or in practice,,... By not attacking trial counsel 's failure to object Cantu has not shown any error... Complied with constitutional requirements of new constitutional law 608 ) i imagine these fucks... Second statement, Cantu reluctantly admitted to a limited role in raping and stealing from the girls a! To each individual case [. ] '' ) hn hnh knh cho qu v. Accordingly, he his! Group, who had been taking venancio Medellin home, then returned, and divided valuables that had been venancio! 2004 ) ; Woods v. Cockrell, 300 F.3d 577, 583 ( 5th Cir the photographs outweighed any effect! One of the defense the mitigating evidence motion for summary judgment without the possibility of parole court [ has implicitly! To decompose in the taking of Cantu 's constitutional rights for some time then... True crime Videos Graves: Elizabeth Pea & Jennifer Ertman and Elizabeth Pena were and. On Teague v. Lane, 489 U.S. 288 ( jennifer ertman autopsy photos ) ) (! Fellow gang member Roman Sandoval described how the gang left, Christina Cantu convinced joe Cantu to report crime. Other police officers whose testimony did not violate the Constitution by not allowing for his and! Casetext, Inc. and casetext are not coextensive with state evidentiary rules n't...
Rice Salad Recipe Delia Smith,
Virtual Work Happy Hour Invite Email Sample,
Benihana Standard Or Bar Seating,
Chickamauga Cherokee Rolls,
Sarah Benton Married To Mark Benton,
Articles J