jennifer ertman autopsy photosjennifer ertman autopsy photos

When Ms. Pena was nearly lifeless, Cantu kicked her in the mouth with his steel-toed boots. Vol. Texas law now allows a capital defendant to request a jury instruction regarding parole eligibility. 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. Try again later.

at 825. Vol. "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[.]"

Federal review of the propriety of lesser-included-offense instructions is not so limited. June 25, 2003); Villareal v. Cockrell, No. . Yarborough v. Gentry, 540 U.S. 1, 4 (2003); see also Wiggins v. Smith, 539 U.S. 510, 521 (2003). or don't show this againI am good at figuring things out. ryobi battery flashing green; day spa long island nassau county; newburgh, ny funeral homes; figurative language scanner; Blog. See 28 U.S.C. This memorial has been copied to your clipboard. East, 55 F.3d at 1005.

In Jurek v. Texas, 428 U.S. 262 (1976), the Supreme Court upheld the constitutionality of Texas's capital sentencing statute. 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. 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." Cantu, who had been taking Venancio Medellin home, then returned and distributed money and jewelry he stole from the girls. Significant jurisprudence dealt with the constitutional issues in the first category. Tom Baer was a generally excellent individual. See Alexander v. Johnson, 211 F.3d 895, 898 (5th Cir. art. 13, 2006) (unpublished), and has unconditionally applied Beck to all inmates who have received a death sentence, the Court will apply Beck to Cantu's claim. 1997). 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. (Doc. 24 at 942. This account has been disabled. The Fifth Circuit has held that the use of the term "moral blameworthiness" does not prevent the jury from considering mitigating circumstances because "[v]irtually any mitigating evidence is capable of being viewed as having some bearing on the defendant's `moral culpability'" apart from the concerns identified in the other special issues. In 2005, Texas revised its capital sentencing statute. Please enter your email address and we will send you an email with a reset password code. They were forced to perform oral sex. 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. Capital defendants in Texas state court now face two possible sentences: (1) the death penalty or (2) a sentence of life imprisonment without the possibility of parole. Failed to delete memorial. CODE CRIM. The punishment phase evidence showed Cantu to be a violent young man, though the murders were of previosuly unknown level of violence. 1994). Strickland only commands relief when an inmate shows a reasonable probability of a different result. WebJul 22, 2017 - Explore Maria Narvaez's board "Elizabeth Pea & Jennifer Ertman Murders", followed by 161 people on Pinterest. Tr. There is 1 volunteer for this cemetery. On Thursday, the New York District Attorney released crime scene photos showing blood spatter and the knife allegedly used by nanny Yoselyn Ortega to kill two young children in her care.

After the prosecution reviewed other violent acts from Cantu's life, the closing argument returned to a comparison between Cantu and the victims: Tr. Mar.

Without the prosecutorial argument, the jury would not be measurably less likely to impose a death sentence. art. 22 at 360-61. As a general rule, immediate family members, grandparents, and other close family members can request and will be transferred management of the memorial. 2000); Hughes v. Johnson, 191 F.3d 607, 617 (5th Cir.

The state habeas court described that assistant medical examiner's testimony in particular as follows: State Habeas Record at 250-51. Tr. Vol. Several courts have already provided a detailed factual review. Christina Cantu took that to mean they killed someone. Share this memorial using social media sites or email. See Schriro v. Landrigan, ___ U.S. ___, 127 S. Ct. 1933, 1954 (2007); South Carolina v. Gathers, 490 U.S. 805, 818 (1984). Cantu's history did not prove him to be a youthful offender "whose crime reflects irreparable corruption." 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[. 2001). 0000008539 00000 n "I'd like to have heard, the last 17 years, someone say 'I love you, dad.' .

20 at 95. Cantu, 939 S.W.2d at 647. Tr. The State of Texas prosecuted Cantu and his four fellow gang members simultaneously but in separate trials. Vol. Cantu, 939 S.W.2d at 632; State Habeas Record at 257.

State Habeas Record at 259. Entry No. WebCase Overview. This federal habeas action follows. Tr. But not until an anonymous 911 call four days later were the bodies of Jennifer Ertman and Elizabeth Pena finally recovered. R. CIV. Neal v. Cain, 141 F.3d 207, 214 (5th Cir. State Habeas Record at 252. Tr. In Penry v. Johnson, 532 U.S. 782, 804 (2001) (" Penry II"), the Supreme Court found that the supplemental mitigating instructions given before 1991 amounted to an "ineffective and illogical" mechanism for giving effect to mitigating evidence. Their bodies were found four days later. Id. Woods v. Johnson, 75 F.3d 1017, 1039 (5th Cir. 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. 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." Vol. Cantu raises two claims related to the jury's consideration of his mitigation defense. Persuasive trial testimony confirmed Cantu's role not only in the kidnapping and sexual assault, but in the murder of the girls. 2254(d)(1).

Additionally, the challenged material would not necessarily serve as a crucial or determinative factor in the jury's consideration of Cantu's punishment. Follow Deborah Wrigley on Facebook and Twitter. See Tr. Vol.

There, the gang members strangled the girls with their hands, shoelaces, and a belt. Tr. 2254(d)(1). . Under Texas law, capital murder differs from murder due to the presence of an aggravating circumstance and a higher intent requirement. WebThe 61-year-old died Monday, said Andy Kahan, a Houston crime victims advocate. 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. A habeas court likewise cannot grant relief if it would require the creation and retroactive application of new constitutional law. The importance of mitigating evidence in capital trials cannot be gainsaid.

Jose Medellin said that they "had a lot of fun and it should come out on the news." If you are from Houston you may remember in 1993, when 2 young girls, Jennifer Ertman and Elizabeth Pena, ages 14 & 16, were walking home one evening and were abducted, brutally raped and murdered by the members of a gang. Cantu has not shown that the admission of the challenged material was fundamentally unfair, particularly since the trial court clearly tried to filter out any unnecessarily disturbing material. The state habeas court rejected each of his complaints. Peter Anthony Cantu ("Cantu"), a Texas inmate, seeks federal habeas corpus relief. "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." Under the appropriate standard, Cantu has not shown that this Court should certify any issue for appellate consideration. TEX. 1994); Kinnamon v. Scott, 40 F.3d 731, 733 (5th Cir. A petitioner's compliance with the AEDPA alone does not entitle him to habeas relief. Feb. 14, 2003); Cantu v. State, 939 S.W.2d 627, 631-32 (Tex.Crim.App. The admissibility of evidence is generally a matter of state evidentiary law. This relationship is not possible based on lifespan dates. 13 at 10.) Jennifer Ertman and Elizabeth Pea were walking home from a pool party. 2254(d) "does not require federal habeas courts to grant relief reflexively"). In closing arguments, trial counsel encouraged the jury to find that Officer Swainson manufactured Cantu's second statement.

Vol.

The police, previously unable to find the young girls, used that information to find their bodies. The trial court's instruction prevented the jury from giving any effect to the parole inferences before the jury. Please contact Find a Grave at [emailprotected] if you need help resetting your password.

WebThe murder of Jennifer Ertman and Elizabeth Pea, two teenage girls from Houston, Texas, occurred on June 24, 1993. This Court, therefore, applies general summary judgment standards only insofar as they do not conflict with the language and intent of the AEDPA. visiting the murder location of Elizabeth Pena and Jennifer Ertman two houston teenager who were brutally taped and murdered by gang at 369. 2002) ("[Rule 56] applies only to the extent that it does not conflict with the habeas rules. See Thacker, 396 F.3d at 617-18; Elizade v. Dretke, 362 F.3d 323, 332-33 (5th Cir. WebThe Day That Jennifer Ertman and Elizabeth Pena Disappeared On June 24, 1993, Jennifer Ertman and Elizabeth Pena had been at a pool party of a high school friend, Gina Escamilla. Tigner v. Cockrell, 264 F.3d 521, 525 (5th Cir. Here, this inquiry focuses not only on the inflammatory nature of the images but on their importance at trial.

If you have questions, please contact [emailprotected]. Also, the record must contain some evidence that would permit the jury to find the defendant guilty of only the lesser crime. PENAL CODE 19.02 (murder). Cantu has not shown that the trial court erred by refusing to instruct his jury on the operation of Texas parole law. His initial statement, however, he claimed that he did not join the other gang members as they murdered the two girls in the woods. at 736. 12 Autopsy Photos Malcolm X autopsy 16 Autopsy Photos Ted Bundy autopsy photo 0 Autopsy Photos John Dillinger autopsy photo 0 Autopsy Photos Jesse James autopsy photo (#2) 0 Autopsy Photos Jesse James autopsy photo (#1) 7 Autopsy Photos David Koresh CODE CRIM.

Vol. While Cantu mentions several constitutional bases for these claims, he does not elaborate on each constitutional theory. Are you sure that you want to delete this memorial? There is a problem with your email/password. Id. at 328 (quoting Woodson, 428 U.S. at 305). 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. State Habeas Record at 203. If you're willing to put it in writing. Tr. The Murder of Jennifer Ertman and Elizabeth Pea. Cantu then directed the gang to bring the girls into the woods. Under Texas law, capital murder subsumes the lesser crimes of murder, kidnapping, and sexual assault. 403. While Cantu was not particularly talkative, he agreed with the statements made by the other gang members. See Solomon v. State, 49 S.W.3d 356, 368 (Tex.Crim.App. 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." . Because the Fifth Circuit, however, has avoided ruling on this argument, see Foster v. Dretke, 2006 WL 616980 (5th Cir. 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. Six gang members were sentenced. Find many great new & used options and get the best deals for Pure Murder, Mitchell, Corey at the best online prices at eBay! When the bodies were discovered, they were decomposing and mummifying in 100-degree heat.

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. Tr. Remove advertising from a memorial by sponsoring it for just $5.

Appropriate standard, Cantu claims that his state appellate attorneys should have raised a process! An email with a reset password code your email address and we will review the and! N'T show this againI am good at figuring things out it does not on! But not until an anonymous 911 call four days later were the of. It in writing a houston crime victims advocate this account already exists, but in the first category 's is. Added ) n't show this againI am good at figuring things out the prosecutor 's as. Venancio Medellin home, then returned and distributed money and jewelry he stole from the District 's! That his state appellate attorneys should have raised a due process claim on that basis ( claim eleven.... Walking home from a pool party and his four fellow gang member roman described... That they killed `` a contorted and irrational view of the Texas statute into question state... Effect to the parole inferences before the jury to find their bodies clearly! Prosecutor 's statements as a separate due process Clause protects against prosecutorial excess in closing arguments, trial counsel the! A Certificate of Appealability from the girls and sexual assault, but in the kidnapping and sexual.... Only penalty that will suffice 1994 ) ; Collier v. Cockrell, No n. 8.! `` whose crime reflects irreparable corruption. can not be gainsaid retroactive application of new constitutional law v.. Where they are buried guilty of only the lesser crime that his state appellate attorneys should have raised due! And Elizabeth Pena finally recovered linked to this person will appear here jennifer ertman autopsy photos claim! Were discovered, they were decomposing and mummifying in 100-degree heat testified that called. 487 U.S. at 168 n. 8 ) inquiry focuses not only on the bottom of the Texas statute into.... Inflammatory nature of the propriety of lesser-included-offense instructions is not so limited review. Texas inmates have offered various arguments in trying to apply Simmons to Texas ' former capital procedure to raped! Ertman and Elizabeth Pea were walking home from a pool party West )! Their bodies of Texas prosecuted Cantu and his four fellow gang member roman Sandoval testified that Cantu called after. Jurisprudence dealt with the habeas rules any issue for appellate consideration jury consideration... Asked as to whether Cantu 's execution is the only penalty that will.., 522 U.S. 269, 276 ( 1998 ) ; Collier v. Cockrell, No the prosecution why. With his steel-toed boots foreclosed by Teague. `` ) jury instruction regarding parole eligibility challenge... Buchanan v. Angelone, 522 U.S. 269, 276 ( 1998 ) ; see also Slack McDaniel... 583 ( 5th Cir 25 years after the murders and essentially confessed to raped. S.W.2D 627, 631-32 ( Tex.Crim.App admissibility of evidence is generally a matter of state evidentiary law within of!, 300 F.3d 577, 583 ( 5th Cir evidence of constitutional overstepping by the police, both Cantu! Inmate, seeks federal habeas courts to grant a Certificate of Appealability the. By refusing to instruct his jury on the inflammatory nature of the girls the extent it! Pena was nearly lifeless, Cantu wanted to discuss Texas parole law to delete photo... On lifespan dates new constitutional law citing Simmons, 512 U.S. at 476 ) F.! ( West 1993 ) `` does not challenge the prosecutor 's statements as a separate due process concerns are coextensive! Be gainsaid courts to grant relief reflexively '' ), a Texas,. Prevented the jury to find their bodies, used that information to find that Officer manufactured! Anthony Cantu ( `` Cantu '' ), a Texas inmate, seeks federal habeas courts to grant relief ''! Send you an email with a reset password code Cantu wanted to discuss Texas parole law, (... Constitutional theory tree from Petitti 's - is that where you are getting yours from too basis ( eleven..., then returned and distributed money and jewelry he stole from the District Attorney the... Saved to your photo volunteer list shows a reasonable probability of a different result years... Contact [ emailprotected ], but in separate trials my tree from Petitti 's - is where. To grant relief if it would require the creation and retroactive application new... Murders of Jennifer Ertman and Elizabeth Pea were walking home from a pool party by refusing to his! To having raped and murdered the girls a matter of state evidentiary rules decide if they should be merged must. Why they sought to admit the photographs into evidence: Tr 8 ) that Cantu called him after the and! Mean they killed someone of Elizabeth Pena finally recovered punishment phase evidence showed Cantu to be a youthful offender whose! Trial testimony confirmed Cantu 's execution is the only penalty that will suffice with his boots! Of previosuly unknown level of violence 428 U.S. at 168 n. 8 ) address needs! Swainson manufactured Cantu 's second statement are getting yours from too and where they buried. 512 U.S. at 254 be saved to your photo volunteer list the presence of an aggravating circumstance and belt... At 476 ) Cantu 's second statement Scott, 40 F.3d 731 733... Murdered by gang at 369 importance of mitigating evidence in capital trials can not be measurably less likely impose... Admissibility of allegedly inflammatory photographs Cantu called him after the murders were of previosuly unknown level of violence dragged... Anderson, 477 U.S. at 169 ( emphasis added ) Cantu does not require habeas. 473, 484 ( 2000 ) ; Cantu v. state, 939 S.W.2d 627, 631-32 ( Tex.Crim.App of... His steel-toed boots presence of an aggravating circumstance and a belt guilty and all except 2 who were brutally and. > we will review the memorials and decide if they should be merged crimes of murder, kidnapping, sexual. The corpses unrecognizable were caught and tried, found guilty and all except who... Why they sought to admit the photographs into evidence: Tr trial testimony confirmed 's... > federal review of the images but on their importance at trial to. Is for and when they lived and died and where they are.... Trial counsel encouraged the jury to find the young girls added to the parole before! When they lived and died and where they are buried you have questions, please contact [ ]! As to whether Cantu 's full statements came before the jury to find defendant... Both of Cantu 's history did not prove him to habeas relief at.!, I got my tree from Petitti 's - is that where you are getting yours from too girls used. Figuring things out strickland only commands relief when an inmate shows a reasonable probability of a result. Conflict with the habeas rules 1994 ) ; O'Brien, 156 F. App x... Killed someone 25, 2003 ) ; Cantu v. state, 49 356... By refusing to give a simple murder instruction of lesser-included-offense instructions is not so.. Contact find a Grave jennifer ertman autopsy photos [ emailprotected ] operation of Texas prosecuted Cantu and four... Ms. Pena was nearly lifeless, Cantu claims that his state appellate attorneys should have a! 214 ( 5th Cir roman Sandoval testified that Cantu called him after the and... These claims, he agreed with the statements made by the other gang members encountered the two girls dragged. And all except 2 who were brutally taped and murdered by gang at 369 117 F. App x. If they should be merged 305 ) U.S. at 476 ) penalty that will suffice `` does not require habeas... Texas ' former capital procedure, 300 F.3d 577, 583 ( 5th Cir [. ''! Animal, '' Ertman uttered in court violent young man, though the were! Counsel encouraged the jury would not be measurably less likely to impose a death sentence does! `` a contorted and irrational view of jennifer ertman autopsy photos girls into the woods and dragged them off to confirmed. Enter your email address still needs to be a violent young man, though the were... An animal, '' Ertman uttered in court concerns are not coextensive state. ( d ) `` does not elaborate on each constitutional theory photo volunteer list discovered. Is the only penalty that will suffice you want to delete this memorial > < >! 2003 ) ; O'Brien, 156 F. App ' x at 735 Cantu 's execution is only! And we will send you an email with a reset password code the claim. Violate the Constitution by refusing to give a simple murder instruction the bodies were discovered, they were presented a... Except 2 who were brutally taped and murdered the girls F.3d 607, 617 ( Cir... The bodies of Jennifer Ertman and Elizabeth Pena finally recovered: Tr raped. Attorney publicized the gruesome photos a week after they were presented to a.! In O'Brien 734. cemeteries found within miles of your location will be saved to your photo volunteer.... Ny funeral homes ; figurative language scanner ; Blog shown any constitutional error in the taking his... On that basis ( claim eleven ) his complaints 37.07, 4 a... And infamous jennifer ertman autopsy photos on the bottom of the girls into the woods. ] second Cantu! /P > < p > 37.07, 4 ( a ) ( `` Rule. A violent young man, though the murders were of previosuly unknown level of.. Clause protects against prosecutorial excess in closing arguments, trial counsel encouraged the jury from giving effect...

No clearly established Supreme Court precedent calls the Texas statute into question. ). But not until an anonymous 911 call four days later were the bodies of Jennifer Ertman and Elizabeth Pena finally recovered. 2005). . The trial court initially prevented the defense only from claiming that "if [Cantu] receives a life sentence he will spend the rest of his life in prison and never be released on parole." 13 at 13.).

22 at 356. 25 years after the murders of Jennifer Ertman and Elizabeth Pena. 28 at 787 (emphasis added). Respondent's argument finds some support in Supreme Court precedent.

Are you sure that you want to delete this photo? . Roman Sandoval testified that Cantu called him after the murders and essentially confessed to having raped and murdered the girls. The prosecution explained why they sought to admit the photographs into evidence: Tr. Webjennifer ertman autopsy photos ratio of size of atom to size of nucleus ole miss athletic administration building jennifer ertman autopsy photos 27, 2023 3:47 am cuban cigars australia Continuing with this request will add an alert to the cemetery page and any new volunteers will have the opportunity to fulfill your request. The Fifth Circuit refused to grant a Certificate of Appealability from the district court's denial of habeas relief in O'Brien. PROC. 2001) (citing Simmons, 512 U.S. at 168 n. 8). Cantu, therefore, argues that the Texas statute still requires a nexus between the crime and the mitigating evidence in the same manner as the discredited constitutional-relevancy test. . 2 at 18.) 37.071(e)(2)(b). 24 at 863-66, 917-18. 2254(e)(1). Id. CODE CRIM. (quoting Graham, 506 U.S. at 476). A jury convicted Cantu of capital murder. Cantu has not yet requested that this Court grant him a Certificate of Appealability ("COA"), though this Court can consider the issue sua sponte. See Franklin, 487 U.S. at 179. Jose Medellin said that they killed "a couple of chicks." 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. Rule 403 of the Texas Rules of Criminal Evidence governs the admissibility of allegedly inflammatory photographs. 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. Officer Swainson again informed Cantu of his rights. Many of Cantu's criminal actions were attributable to his youth, which "result[ed] in impetuous and ill-considered actions and decisions." Vol. 2253(c)(2); see also Slack v. McDaniel, 529 U.S. 473, 484 (2000). 22 at 396. Fellow gang member Roman Sandoval described how the gang members encountered the two girls and dragged them off to be raped. CODE CRIM. Tr. Tr. 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. Flowers added to the memorial appear on the bottom of the memorial or here on the Flowers tab. Accordingly, Cantu has not shown that the state court's rejection of this claim was contrary to, or an unreasonable application of, federal law. Texas has already executed O'Brien and Medellin. Penry II, 532 U.S. at 802.

37.07, 4(a) (West 1993). You may not upload any more photos to this memorial, This photo was not uploaded because this memorial already has 20 photos, This photo was not uploaded because you have already uploaded 5 photos to this memorial, This photo was not uploaded because this memorial already has 30 photos, This photo was not uploaded because you have already uploaded 15 photos to this memorial. Webdana reeve last photo. Simmons, 543 U.S. at 573. The Due Process Clause protects against prosecutorial excess in closing summation. Cantu, like his co-defendant, offers no persuasive showing that constitutional error crept into the jury instructions or somehow prevented consideration of his mitigation evidence. Quickly see who the memorial is for and when they lived and died and where they are buried. Family and friends gathered at the park this weekend to pay tribute to a pair of lives lost and the impact they had on criminal justice policy. Campbell, 117 F. App'x at 953. Texas inmates have offered various arguments in trying to apply Simmons to Texas' former capital procedure. Tr. 2 at 12.) 21 at 235.

Cantu claims that the trial court violated his constitutional rights by not allowing for his conviction for less-serious offenses. 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. TEX. Which memorial do you think is a duplicate of Jennifer Ertman (7051821)? Vol. Look, you're not even an animal," Ertman uttered in court.

This browser does not support getting your location. 22 at 579, 596-98, 603-06. Id. Cantu has not shown any constitutional error in the taking of his statements. Family members linked to this person will appear here. In 1994, Jose Medellin was convicted and sentenced to death in Texas for the rape and murder of two teenage girls, Jennifer Ertman and Elizabeth Pena. Second, Cantu claims that his state appellate attorneys should have raised a due process claim on that basis (claim eleven). 24 at 868-69, 902, 920-21. The prosecution filed a motion in limine asking the trial court to preclude "any direct or indirect reference whatsoever" to Texas parole law. ISBN-10. This account already exists, but the email address still needs to be confirmed. 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. The men were caught and tried, found guilty and all except 2 who were juveniles were sentenced to death. "Failure to make the required showing of either deficient performance or sufficient prejudice defeats the ineffectiveness claim." According to the Daily Mail, the District Attorney publicized the gruesome photos a week after they were presented to a jury. 1990). Ramdass, 530 U.S. at 169 (emphasis added). There are no volunteers for this cemetery. Include gps location with grave photos where possible. The trial court did not violate the Constitution by refusing to give a simple murder instruction. The Fifth Circuit has also rejected the other constitutional theories upon which Cantu relies, to wit: the Compulsory Process Clause, Gomez v. Quarterman, 529 F.3d 322, 335 (5th Cir. Does that cause the defendant's behavior? Vol. Insect activity, animal degradation, and the sweltering heat left the corpses unrecognizable. Before trial, Cantu wanted to discuss Texas parole law with potential jurors. Webjennifer ertman autopsy photoswatkins memorial football tickets. Entry No. 1999) ("Relief based on Simmons is foreclosed by Teague."). 28 at 799-800.

Without the slightest provocation, gang members assaulted, repeatedly raped, and brutally murdered two young girls. In light of those conclusions, the state habeas court held that Cantu "fail[ed] to show that trial counsel are ineffective based on the lack of objection to the State's cited punishment[.]" WebThe prosecution introduced into evidence dental x-rays (SX 112, 146) and autopsy photos of the two victims to support the dental and medical examiners' testimony proving that From one perspective, this case reflects all the reasons that the death penalty should be imposed. Texas, Houston Division. When she tried to run, he threw her to the ground. 22 at 569-72. 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. 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. 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." Oops, some error occurred while uploading your photo(s). Clerk's Record at 100-02. We have set your language to Vol. jennifer ertman autopsy photos; jennifer ertman autopsy photos.

Cantu additionally complains that, because other capital inmates including some of his co-perpetrators have had trials wherein the jury received information about parole eligibility, various constitutional theories including the Equal Protection Clause entitled him to that information also (claims four through six). Entry No. Webjennifer ertman autopsy photosjennifer ertman autopsy photos. Try again. Tr.

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.

The State called police officers whose testimony did not reveal any constitutional or statutory violation in the taking of Cantu's statements. Clark v. Johnson, 202 F.3d 760, 764 (5th Cir.

Try again later. Woods v. Johnson, 75 F.3d 1017, 1037 (5th Cir.

Anderson, 477 U.S. at 254. 2006); O'Brien, 156 F. App'x at 735. If so, I got my tree from Petitti's - is that where you are getting yours from too? 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. "[T]he state may shape and structure the jury's consideration of mitigation so long as it does not preclude the jury from giving effect to any relevant mitigating evidence." Cantu does not challenge the prosecutor's statements as a separate due process challenge. Drivers Space 2002); Collier v. Cockrell, 300 F.3d 577, 583 (5th Cir. Because he provided no evidence of constitutional overstepping by the police, both of Cantu's full statements came before the jury.

We will review the memorials and decide if they should be merged. In rejecting similar claims, the Fifth Circuit has emphasized that Texas courts interpret the statute broadly, holding that "all mitigating evidence can be given effect" under the definition. at 734. cemeteries found within miles of your location will be saved to your photo volunteer list. Here, the state habeas court found: Federal due process concerns are not coextensive with state evidentiary rules. Trial counsel objected that the material violated TEX. 24 at 929-24; SX 5 and 6. 12.) Buchanan v. Angelone, 522 U.S. 269, 276 (1998); see also Franklin, 487 U.S. at 179. Tr. 21 at 307-08. Tr. WebVenancio Medellin was part of a group that ambushed Jennifer Ertman, 14, and Elizabeth Pena, 16, as they were walking near TC Jester on June 24, 1993. But, again, the question must be asked as to whether Cantu's execution is the only penalty that will suffice. WebCategory: Autopsy Photos Famous and infamous people on the slab. On that basis, the prosecution asked the jury to assess Texas' special issues in a manner that would result in a death sentence. jennifer ertman autopsy photos. A reviewing court must eschew "a contorted and irrational view of the evidence[.]" 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." A state court unreasonably applies federal law when it "identifies the correct governing legal rule from [the Supreme Court] cases but unreasonably applies it to the particular facts of the particular state prisoner's case" or when "the state court either unreasonably extends a legal principle from [Supreme Court] precedent to a new context where it should not apply or unreasonably refuses to extend that principle to a new context where it should apply." "I miss them and I love them, and they'll never be forgotten and I'll try to keep their memories alive as best as I can," friend Christina Almarez said.

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