A petitioner satisfies this standard by demonstrating that jurists of reason could disagree with the district court's resolution of his constitutional claims or that jurists could conclude the issues presented are adequate to deserve encouragement to proceed further. Miller-El v. Cockrell, 537 U.S. 322, 327, 123 S.Ct. However, we affirmed the original holding on appeal. Mental or physical incapacity caused by intoxication means that the defendant's mental capacity was so disturbed from the introduction of a substance into his body that the defendant either did not know that his conduct was wrong or was incapable of conforming his conduct to the requirements [sic] of the law he allegedly violated. denied, 507 U.S. 975, 113 S.Ct. Garcia v. State, 887 S.W.2d 846, 859 (Tex.Crim.App.1994), cert. There might be a fact and circumstance out there that just cries out for mercy, cries out for you to give the person some leniency and not give them the death penalty,. Keep that in mind when you think in terms of what is it that really compels our mercy and do you see it in this case? See also Green, supra. Pedro was born on November 5, 1924 in Floresville, Texas to Vincente and Tiadosa Robles Cantu. Contractors DirectoryInformation on every contractor in United States. Point of error twenty-nine is overruled. Some of the other boys, including Derrick O'Brien, Jose Medellin, and Venancio Medellin, also gave confessions. 1339, 127 L.Ed.2d 687 (1994), Nelson v. State, 864 S.W.2d 496, 498 (Tex.Crim.App.1993), cert. Obituary for Pete T. Cantu | Holmgreen Mortuary He. Jester Park, about two dozen people gathered around a pair of flower-covered memorial benches to remember the murdered teens. In the first statement, Cantu only admitted his role in raping and stealing from the girls, but he was silent as to their murder. Jose Medellin was executed in August 2008. To send flowers ", Maria Frausto said she often says a small prayer when she jogs past the memorial. However, this holding was subsequently rejected by the Seventh Circuit. "He did a horrendous crime to these two girls and he deserved to die. One of the boys boasted of having 'virgin blood' on him. To violate due process, an evidentiary ruling must result in a denial of fundamental fairness, and improperly admitting evidence will only justify habeas relief if the admission was a crucial, highly significant factor in the defendant's conviction. Neal v. Cain, 141 F.3d 207, 214 (5th Cir.1998).FN3. denied, 492 U.S. 912, 109 S.Ct. ] (emphasis added). Refine Your Search Results. Information on every contractor in United States. The group then headed towards some nearby railroad tracks. Medellin's DNA matched semen samples taken from Patricia's body. He remains in custody as of this writing. 1. Christina noticed that Villareal was bleeding and that Perez had blood on his shirt and asked them what happened. Rousseau, 855 S.W.2d at 687, n. 26. 724, 735-36 (5th Cir.2005). On June 24, 1993, the girls spent the day together and then died together. I, Sec. Co-Defendants: Four accomplices were charged with capital murder following their arrest: Derrick Sean O'Brien, Raul Villareal, Efrian Perez, and Jose Medellin. We have already decided these issues adversely to appellant. In regard to points twenty-one and twenty-three, appellant argues that the jury should have been required to identify which unadjudicated offenses they found appellant had committed.FN10 Because they did not, appellant contends, this Court is unable to consider the unadjudicated offenses in its evaluation, thus barring a review of the sufficiency of the evidence of the punishment issues. Peter Anthony Cantu (AP Photo/Texas Dept. The district court, in turn, evaluated the state court's conclusion that the arguments were proper under the due process standard. Id. 1087, 84 L.Ed.2d 53 (1985), the United States Supreme Court recognized that due process requires that a defendant have access to the raw materials integral to the building of an effective defense. The district court determined that this conclusion was not an unreasonable application of federal law. Under AEDPA, habeas relief is unavailable on any claim adjudicated on the merits in state court unless the state court's adjudication (1) resulted in a decision that was contrary to, or involved an unreasonable application of, clearly established Federal law, as determined by the Supreme Court of the United States, or (2) resulted in a decision that was based on an unreasonable determination of the facts in light of the evidence presented in the State court proceeding. 28 U.S.C. Thus, we turn to an analysis of whether the second prong of the test is met for any of the requested lesser included offenses. Valerie Nicole is the only woman working at Ekstensive Metal Works, and needless to say, she is enjoying her work. He was not eligible for the death penalty because of his age, and he did not participate in the murders. However, nowhere does appellant tell us specifically which terms he alleges are inadequately defined in the special issues. 2934, 106 L.Ed.2d 256 (1989) does not require that, if a jury finds evidence to be both mitigating and aggravating, then it should give the evidence only its mitigating weight. [THE STATE:] And when he said, yeah, I did that, what was he talking about, Christina? Pete Cantu, age 41, passed away on Tuesday, February 15, 2022, in Orange Grove, Texas. Medellin said that they "had fun" and that their activities would be seen on the TV news. The best result we found for your search is Peter Cantu age 70s in Austin, TX in the Gracywoods neighborhood. Our concern is that the indigent defendant have access to a competent psychiatrist for the purpose we have discussed, and as in the case of the provision of counsel we leave to the State the decision on how to implement this right. Pursuant to Tex. A red nylon belt, with an attacker tugging at each end, was pulled so tightly around Ertman's neck the belt snapped. 2658, 125 L.Ed.2d 290 (1993). The admission of such evidence would open the door to admission of victim impact evidence arising from any extraneous offense committed by a defendant. Save my name, email, and website in this browser for the next time I comment. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Our Hometown Each of these requested charges should have been submitted to the jury to correct the otherwise unconstitutional nature of the issue on mitigation as discussed in Point of Error Fourteen. Appellant alleges in point thirty-three that the death penalty as presently administered in Texas is cruel and unusual punishment in violation of the Eighth and Fourteenth Amendments to the United States Constitution and Article I, 13 of the Texas Constitution. Barnes, supra. 1756, 95 L.Ed.2d 262 (1987). Proc. 381, 121 L.Ed.2d 292 (1992); Teague v. State, 864 S.W.2d 505, 519 (Tex.Crim.App.1993); Adanandus v. State, 866 S.W.2d 210, 234 (Tex.Crim.App.1993), cert. 871, 79 L.Ed.2d 29 (1984), have held that such a review is not required under the Eighth or Fourteenth Amendments to the United States Constitution. 2458, 104 L.Ed.2d 1013 (1989); Harris v. State, 827 S.W.2d 949, 962 (Tex.Crim.App. 1317, 131 L.Ed.2d 198 (1995). Appellant's reliance on Justice Blackmun's dissenting opinion is misplaced. Done purely to prevent him being caught for the crimes that had been done. In Rousseau, 855 S.W.2d at 673, we established a two-prong test to determine whether a defendant is entitled to a charge on a lesser included offense. After the girls were strangled, Cantu kicked Pena in the face with his steel-toed boots, knocking out several of her teeth. 2950, 2956, 49 L.Ed.2d 929 (1976), and it has not been changed substantially since then. Yeah, yeah, I remember that. FN2. Forbes 400: The Richest People In Texas 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. Booty Patrol' truck spotted in South Texas, San Antonio woman shows strength of single moms on 'Naked and Afraid', Kyle to open first Costco Wholesale this March, Former Boerne quarterback allegedly gave plays to other XFL teams, A one-of-a-kind Hill Country rooftop bar will be a cowboy's dream, WATCH: Drunk driver attempts to flee crash that killed a Texas cop, Massive alligator shocks South Texas locals in Atascosa County. "It's a little late," Ertman said. The gang members took Jenny and Elizabeth from the clearing into a wooded area, leaving the juvenile behind, saying he was "too little to watch". To meet the second required showing, Cantu must demonstrate that there is a reasonable probability that, but for counsel's unprofessional errors, the result of the proceeding would have been different, id. Murders of Jennifer Ertman and Elizabeth Pea - Wikipedia Citations: That October, Denson and another officer, Stephen Orlando, were tried on murder charges and an. Martinez was fifteen years old and testified that she had known appellant for approximately three years and went out with him and mutual friends almost every weekend. [W]hy do you consider mitigation, that's because the courts allow you to individualize the justice. 2954, 57 L.Ed.2d 973 (1978). They were friends who attended the same high school in Houston, Texas, Waltrip High School. The gang then drank beer and engaged in horseplay. 2950, 49 L.Ed.2d 929 (1976), except to incorporate the dictates of Penry v. Lynaugh, 492 U.S. 302, 109 S.Ct. "How can you forget something like this? 381, 121 L.Ed.2d 292 (1992). said Gloria Rubac, a death penalty abolitionist. Several witnesses testified appellant had a history of violent behavior and offenses. Cantu did not make a final statement. Man arrested after police say he stole vehicle of deputy who was - mySA [WITNESS:] Yes. THE COURT: Overruled. See Article 36.15; Tex.R.App. In his tenth point of error, appellant contends that the trial court erred in denying appellant's request for expert assistance to challenge the constitutionality of the special issues at the punishment phase. His knowledge of the crimes came from the killers themselves, most of whom came to his home after the murders, bragging and swapping the jewelry they had stolen from the girls. Whether to grant a COA is a threshold inquiry that involves an overview of the claims in the habeas petition and a general assessment of their merits but does not require full consideration of the factual or legal bases adduced in support of the claims. Id. FN3. Tuilaepa v. California, 512 U.S. 967, 114 S.Ct. "We could have put all of them in prison for life. Mrs. Naomi (Pete) Cantu of Waxahachie, 94, passed away July 28, 2012 at Mansfield Methodist Hospital. All Death, Burial, Cemetery & Obituaries results for Pedro Cant Guzmn Ekstensive Metal Fabrication's 2016 Ford F-150 wasn't hammered "sold!" at Mecum Auctions' Houston event. Metal Depot Inc. Here's a Rundown of Each Team Competing in STREET OUTLAWS - Discovery He has a whole business dedicated to handmade car interiors. After they finished laughing and stuff, and I said-I don't remember who said it but one of them asked, I think it was my husband, I'm not sure, said, well, what happened to them, and they said, we had to kill them. 315 followers. During that conversation, Joe Cantu testified appellant agreed he had killed both girls and stomped on their necks. 385, 133 L.Ed.2d 307 (1995); Broxton v. State, 909 S.W.2d 912 (Tex.Crim.App.1995); Sonnier v. State, 913 S.W.2d 511 (Tex.Crim.App.1995). Peter Cantu was the self-appointed leader of a gang in Houston that met on the night of June 24, 1993, to initiate a new member, Raul Villareal. The murders of Elizabeth Pena and Jennifer Ertman affected Houston deeply. See Walton v. Arizona, 497 U.S. 639, 110 S.Ct. denied, 513 U.S. 1021, 115 S.Ct. 801(e)(2)(B), as appellant, by his actions and responses, readily agreed with them. Chambers v. State, 866 S.W.2d 9, 27 (Tex.Crim.App. In point three, appellant avers that the trial court erred in prohibiting him from introducing testimony that he would have to serve 35 calendar years before becoming parole eligible if sentenced to life imprisonment. Further, the trial court did not admit all of the prosecution's proffered photographs and instead engaged in a process of weighing the probative value of each photograph against its likely prejudicial effect. You know what damage was done to their bodies. The families hope to keep him in jail for his entire sentence, of which he has served almost half. Antonio Arizola Cantu of San Antonio, Texas - Hurley Funeral Home Both this Court in Hughes, 897 S.W.2d at 294, and the United States Supreme Court in Pulley v. Harris, 465 U.S. 37, 104 S.Ct. 1127, 127 L.Ed.2d 435 (1994), in support of his argument that capital punishment is violative of the United States Constitution. "I think about them. On June 24, 1993, the group was conducting a fight-filled initiation ceremony for a prospective member across from T.C. It's not a question of you killing this child. And finally, the prosecution closed by reiterating: Gentry v. State, 770 S.W.2d 780 (Tex.Crim.App.1988), cert. denied, 512 U.S. 1246, 114 S.Ct. As we set out previously, the Supreme Court recently held that, once the jury finds that the defendant falls within the legislatively defined category of persons eligible for the death penalty, the sentencer may be given unbridled discretion in determining whether the death penalty should be imposed. 2009). 2253, 132 L.Ed.2d 260 (1995). In points of error eighteen and nineteen, appellant avers that the mitigation issue of Article 37.071 2(e) violates the Fifth and Fourteenth Amendments to the United States Constitution because it shifts the burden of proof to the defendant or omits it entirely. All data is collected from public records. No additional information for Cantu Roofing yet. Spence v. State, 795 S.W.2d 743, 759 (Tex.Crim.App.1990), cert. Associated Phone Numbers. Focus for the victims' families now turns to the remaining three killers. March 11, 2019. Deadline Hollywood. B B King; B L A C K I E; B Movie Blues; B Rezell and OFTB; B-52s; B-Wave Heusden; B3 Fusion; B3 Kings; B52s; Ba Cissoko; Baaba Maal; Bab L Bluz; Bab Lbluz; Baba Commandant; Baba N Appellant objected that this was improper impeachment on a collateral matter. Fitness Professional Online at Xecute Fit. With the final execution completed, Pena said the two murdered girls can finally have peace. Hence, a plurality of the court concluded that testimony by the sister of the victim concerning the victim's good nature, hobbies, and work ethic was not relevant to sentencing and, therefore, should not have been admitted. FN12. Subsequently, they all took turns stomping on both girls necks to make sure they were dead. [WITNESS:] Yeah. Peter Cantu bragged to friends and family about being the ringleader of the gang rape and murder of 14-year-old Jennifer Ertman and 16-year-old Elizabeth Pena in 1993. ", The case horrified Houston. at 2609. At this point, the Sandoval brothers decided that it was time to leave. Please spare his life. Read more about the life story of Pete and share your memory. Lived In Las . Texas Department of Criminal Justice - Executed Offenders (Cantu), Cantu, Peter Anthony Evidence of extraneous offenses admitted included that Cantu stole a bicycle from an eight-year-old and then turned it in for a reward; that Cantu threatened a woman and broke a window in her home; that Cantu attacked a sixth-grade teacher; that Cantu threatened another students father, saying that he wanted to kill him; that Cantu created problems at school by fighting and cursing; that Cantu threatened to kill an officer of the law; and that Cantu made threats at a hospital and in jail. Cantu showed little emotion at his conviction and death sentence and had no reaction when Randy Ertman, Jennifers father, was allowed to make a victim impact statement at the end of the trial. Cantu asked them if they wanted to get some, but Roman told him that he did not rape or kill girls. We hold that such evidence is irrelevant under Tex.R.Crim.Evid. Later that night, Perez, Villareal, and Jose Medellin met at the house where Cantu lived with his older brother and sister-in-law, Joe and Christina Cantu. Pedro was born on November 5, 1924 in Floresville, Texas to Vincente and Tiadosa Robles Cantu. Cold, cruel, inhuman, and yet he has his attorney saying don't kill the child. And then ask yourself another question. The record reveals that M. Pena was one of over thirty witnesses who testified at punishment, and her testimony before the jury comprised less than twenty pages out of over 700 pages of testimony at punishment. 2. Pete Cantu in Texas We found 49 records for Pete Cantu in Edinburg, Austin and 36 other cities in Texas. Moore v. State, supra at 128, 128-09). All Rights Reserved. Houston police researched older cases and found a possible match with the unsolved murder of Patricia Lourdes Lopez. Appellant asserts in point of error twenty-eight that his Eighth and Fourteenth Amendment rights were violated by the submission of vague terms in the first two special issues submitted in the punishment phase. Tex.R.App.Proc. The parents of Ertman and Pena, supported by other family members and friends, looked on as Cantu stared straight up toward the ceiling, taking one deep breath before he closed his eyes. He was friendly and never met a stranger. The Mexican-American community was outraged by the death and Torres's family demanded justice. es una historia oral de la comunidad catlica romana mexicana y mexicoamericana que lleg a habitar una llanura aluvial en el este de Austin, despus de su desplazamiento del centro de Austin hace ms de un siglo. denied, 510 U.S. 1215, 114 S.Ct. Members of the gang, including Cantu, then began a vicious sexual assault of the girls. The girls encountered Roman and Frank Sandoval as they made their way home, but managed to pass them without incident. As stated in the previous point, neither the state nor federal constitution requires that certain evidence be labeled as mitigating, nor does it require what weight, if any, should be given to evidence that is found to be mitigating. Appellant alleges in point of error seven that the trial court reversibly erred in allowing the State to impeach defense witness Beatrice Martinez on a collateral matter. PEDRO CANTU - Pleasanton Express Evid. Appellant asked them if they wanted to get some, but Roman told him that he did not rape or kill girls. We have previously held a defendant is not entitled to an instruction on parole law in a capital case under the Texas Constitution. At the time of Cantu's trial, 2(e)(1) stated: The court shall instruct the jury that if the jury returns an affirmative finding to each issue submitted under Subsection (b), it shall answer the following issue: Whether, taking into consideration all of the evidence, including the circumstances of the offense, the defendant's character and background, and the personal moral culpability of the defendant, there is a sufficient mitigating circumstance or circumstances to warrant that a sentence of life imprisonment rather than a death sentence be imposed. He raped Jennifer and was later sentenced to 40 years for aggravated sexual assault, which was the maximum sentence for a juvenile. 'It's ridiculous. ), cert. After police informed Cantu that one of the other participants fully confessed, Cantu gave his second statement, in which he described how both girls were killed. Conversely, jury argument must be extreme or manifestly improper, or inject new and harmful facts into evidence to constitute reversible error. Here, the district court determined that the state court did not unreasonably apply federal law in concluding that the prosecution's argument was proper and, therefore, that Cantu's counsel's performance was not deficient in failing to object to the argument. We note the Supreme Court in Payne held the Eighth Amendment did not bar introduction of evidence about the victim and the impact of the victim's death on his or her family as such evidence may be relevant as to the jury's determination as to imposition of the death penalty. Mines was remanded by the United States Supreme Court for review in light of Johnson v. State, 509 U.S. 350, 113 S.Ct. Derrick O'Brien, belted to a gurney, looked through the death chamber window at Ertman and other relatives of the girls and called his involvement "the worst mistake that I ever made in my whole life." (Direct Appeal) The death penalty in general is immoral, uncivilized, cruel, inhumane, barbaric, unjust and vengeful. When the attackers were finished, the girls were taken deeper into the woods where, at Cantus urging, they were beaten, strangled and stomped to death. 2950, 49 L.Ed.2d 929 (1976), when it held that the Texas future dangerousness issue was not unconstitutionally vague. We do note that on the penultimate page of his brief, appellant refers to the term, continuing threat to society. This Court has repeatedly rejected the contention that terms such as this must be defined in the charge. The families also watched the executions of Jose Medellin and Derrick O'Brian in 2008 and 2006. (10:41 PM CDT, August 17, 2010). As such, we hold that our capital murder scheme does not amount to cruel and unusual punishment in violation of the Eighth and Fourteenth Amendments. Jennifer Ertman's dad, Randy Ertman, was about to give an interview regarding the missing girls to a local television reporter when the call came over a cameraman's police scanner that two bodies had been found. The charge given was as follows: In his thirty-ninth and fortieth points of error, appellant alleges that Article 44.251(a) is facially unconstitutional when taken together with Article 37.071 2(a) because the former requires a sufficiency review of the latter. ), cert. In related point of error twenty, appellant contends that the trial court erred in not allowing him to question venirepersons regarding the burden of proof on the mitigation issue. Hence, any error will only be reversible if it was so egregious and created such harm that appellant did not have a fair and impartial trial. Because the second prong of the Rousseau test was not met, appellant was not entitled to a charge on the lesser included offenses of sexual assault, robbery, or kidnapping. * * * We find no constitutional infirmity as the mitigation special issue was enacted by the Legislature to address the concerns of the Supreme Court as stated in Penry v. Lynaugh, supra.
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