See Wheat, 238 F.3d at 361 (finding any extension of Simmons to violate Teague); Clark v. Johnson, 227 F.3d 273, 282 (5th Cir. Cantu himself escorted Ms. Ertman into the woods. Try again later. 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." The punishment phase evidence showed Cantu to be a violent young man, though the murders were of previosuly unknown level of violence. 23 at 698-99. He made a promise to their families. As the prosecution introduced the various exhibits into evidence, trial counsel reurged their state-law objections. Tom Baer was a generally excellent individual. Rather, there must be some evidence directly germane to a lesser-included offense for the factfinder to consider before an instruction on a lesser-included offense is warranted." East v. Scott, 55 F.3d 996, 1005 (5th Cir. After being informed of and waiving his constitutional rights, Cantu provided two written statements. Texas law, however, then prohibited any information about potential parole eligibility from coming before the jury. The teens had planned on spending the night at Penas home in the Oak Forest section of northern Houston, Texas, which was approximately one mile away. They were laughing and bragging about it." Texas, Houston Division. Vol. Ries v. Quarterman, 522 F.3d 517, 530 (5th Cir. Sadly, they Clerk's Record at 276. (Doc. A jury's consideration of mitigating evidence, while essential to fair sentencing, is not without bounds, limits, or demarcation. cemeteries found in Houston, Harris County, Texas, USA will be saved to your photo volunteer list. The Fifth Circuit refused to grant a Certificate of Appealability from the district court's denial of habeas relief in O'Brien. Second, Cantu claims that his state appellate attorneys should have raised a due process claim on that basis (claim eleven). Are you sure that you want to delete this memorial? TEX. According to Cantu, that language allows jury consideration of evidence relating to his culpability at the exclusion of additional aspects of his character. For instance, trial counsel asked Dr. James W. Marquart, a professor of Criminal Justice at Sam Houston University, if "studies indicate that the defendant who serves thirty-five calendar years in the Texas Department of Corrections before becoming eligible is less violent than the inmate who is paroled earlier." 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. When Perez went to shower and clean the blood off him, Jose Medellin began to describe the events of that evening. Find many great new & used options and get the best deals for Pure Murder, Mitchell, Corey at the best online prices at eBay! Executing Cantu causes still further misgivings when viewed, not relative to his peers, but relative to his life prior to the unspeakable horror of this single evening. In 1972, the Supreme Court in Furman v. Georgia, 408 U.S. 238 (1972), condemned death penalty statutes that gave the sentencer open-ended discretion. 37.071(e)(2)(b). (Doc. 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. After the murders, the gang members went to Cantu's house. During the punishment phase of trial, Cantu claimed that he was less culpable because of a learning disorder, depression, and emotional issues. You can always change this later in your Account settings. He and his fellow gang members also stood on the young girls' necks to ensure that they would die. The state court, however, found that certain photographs (SX 113, 114, 121, 131, 132, 135, 138, and 152) should not be admitted. TEX. State Habeas Record at 203. "In deciding whether a jury could rationally acquit on the capital crime and convict for the noncapital crime, [this Court] must turn to Texas law." 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." Also, the state habeas court found that the probative value of the photographs outweighed any prejudicial effect. Nothing in federal precedent indicates that Texas' current means of putting mitigating evidence before the jury violates the Constitution. art. 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. Tr. Failure to Object to Prosecutorial Argument. Share this memorial using social media sites or email. It's his choice. "[I]n order to meet the requirement of the Eighth and Fourteenth Amendments, a capital-sentencing system must allow the sentencing authority to consider mitigating circumstances." CODE CRIM. Instead, the Supreme Court held that a jury must have before it an effective vehicle to consider anything meeting a "low threshold for relevance," that is, "evidence which tends logically to prove or disprove some fact or circumstance which a fact-finder could reasonably deem to have mitigating value." 403. 23 at 699-703. Cantu then directed the gang to bring the girls into the woods. Cordova v. Lynaugh, 838 F.2d 764, 767 (5th Cir. Without the prosecutorial argument, the jury would not be measurably less likely to impose a death sentence. Teague v. Lane, 489 U.S. 288 (1989), thus bars relief on these claims. 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. art. 28 U.S.C. 0000008539 00000 n "I'd like to have heard, the last 17 years, someone say 'I love you, dad.' Cantu asserts that the Due Process Clause (claim one), the Eighth Amendment protection against Cruel and Unusual Punishment (claim two), and the Sixth Amendment's Compulsory Process Clause (claim three) required Texas to inform its capital juries about the operation of Texas' parole law. jennifer ertman autopsy They bragged to Cantu's brother and sister-in-law about their crime. June 25, 2003); Villareal v. Cockrell, No. State Habeas Record at 259. CODE CRIM. Strickland only commands relief when an inmate shows a reasonable probability of a different result. Vol. Also, the state habeas court found that appellate counsel did not violate the Constitution by not attacking trial counsel's failure to object. Is there a link there and correlation between what you've heard and what you saw happen on June 24th, 1993? Houston Police Department Officer Robert G. Parish informed Cantu of his constitutional rights. United States District Court, S.D. Many of Cantu's criminal actions were attributable to his youth, which "result[ed] in impetuous and ill-considered actions and decisions." 2 at 27.) Respondent assumes that Texas' bifurcated system (that was not present in Beck) allows a jury to give effect to any lingering doubt about guilt by delivering a capital conviction but a life sentence, avoiding Beck's all-or-nothing conundrum. If you notice a problem with the translation, please send a message to [emailprotected] and include a link to the page and details about the problem. 37.071(e)(2)(b) (Vernon 2002). WebThe Murder of Elizabeth Pena and Jennifer Ertman (Houston, TX 1993) Elizabeth Pena (16) and Jennifer Ertman (14) were out on the humid Houston evening of June 24th, 1993 enjoying a pool party at the apartment complex of another friend. See Howell v. Mississippi, 543 U.S. 440, 445 (2005) (finding that similar reasoning by the Mississippi Supreme Court "finds some support in [Supreme Court] cases"); Hopkins v. Reeves, 524 U.S. 88, 98-99 (1998) (distinguishing Beck from those cases where the jury "did not have to consider the dilemma faced by Beck's jury; its alternative to death was not setting respondent free, but rather sentencing him to life imprisonment"); Schad v. Arizona, 501 U.S. 624, 646 (1991) ("Our fundamental concern in Beck was that a jury . Resend Activation Email. Woods v. Johnson, 75 F.3d 1017, 1039 (5th Cir. . 403 because "the photographs are inflammatory, they're highly prejudicial, they're unnecessary for the State to prove its case, and their prejudice far outweighs any probative value." 1995); Montoya v. Collins, 955 F.2d 279, 286 (5th Cir. Tr. Cantu does not raise a separate claim that the Due Process Clause prohibited the introduction of the allegedly inflammatory photographs and video. H-01-4078, 2003 WL 25321243 (S.D. CODE CRIM. The Beck Court held that a State cannot "impose a blanket ban on lesser-included-offense instructions in capital cases. Vol. Webkodak portra 160 35mm photos +97137222480 . The prosecution supported this testimony with photographs (SX 48, 50-57) and a videotape (SX 49) depicting the crime scene and the victims' bodies. Please check your email and click on the link to activate your account. Jester Park on Saturday for a memorial service for the girls who were slain The parents A reviewing court must eschew "a contorted and irrational view of the evidence[.]" Please ensure you have given Find a Grave permission to access your location in your browser settings. Cantu claims that Texas' method of placing mitigating evidence before the jury insufficiently allowed the jury to consider him worthy of a life sentence (claim eight). kessler collection stock. Tr. art. The Fifth Circuit concluded: Also, the Court of Criminal Appeals noted that the prosecution's statement was merely a "suggestion," and did not tell "the jury that they must find a nexus between the offense and the evidence offered as mitigation[.]" Try again later. . 512 U.S. at 168. About 11:30 p.m., shortly after the fighting stopped, Jennifer Ertman, 14, and Elizabeth Pena, 16, took a shortcut through the field, trying to get home from a party by their curfews. Vol. Elizabeth Pea, 16, and Jennifer Ertman, 14, were best friends. Oops, some error occurred while uploading your photo(s). Entry No. State Habeas Record at 261. Found more than one record for entered Email, You need to confirm this account before you can sign in. . Tr. 1998). Cantu alleges that the prosecutors comments were unconstitutional because "the prosecuting attorney made reference to the photographs in his closing only to emphasize the horror of death and decay[.]" Darden v. Wainwright, 477 U.S. 168, 181 (1986) (quoting Donnelly v. DeChristoforo, 416 U.S. 637, 643 (1974)). Here, the state habeas court found: Federal due process concerns are not coextensive with state evidentiary rules. Uncategorized. . In 2005, Texas revised its capital sentencing statute. Boyde v. California, 494 U.S. 370, 380 (1990); see also Waddington v. Sarausad, ___ U.S. ___, ___ S. Ct. ___, 2009 WL 129033, at *8 (Jan. 21, 2009) (reaffirming the Boyde standard and noting the "especially heavy burden on a defendant who . State Habeas Record at 261. Tng hp kin thc v ChatGPT v Tr tu nhn to: Cu lnh ChatGPT, ng dng ChatGPT, ChatGPT API, Cng c AI v b quyt s dng ChatGPT / AI thnh cng trong kinh doanh. 1999)). CODE CRIM. . WebJune 25, 1994: Family and friends of Jennifer Ertman and Elizabeth Pena gather at T.C. Vol. cemeteries found within miles of your location will be saved to your photo volunteer list. WebOn June 24th, 1993, Jennifer Ertman & Elizabeth Pea decided to take a shorter route on foot to their home from a party in order to meet their curfew. Cantu raises three interrelated ineffective-assistance-of-counsel claims pertaining to the introduction of crime scene and autopsy photographs and video. Clear, binding precedent forecloses relief on Cantu's claims. Their bodies were found four days later. Other gang members confessed that they only participated because they were "just following whatever Peter Cantu was doing." ISBN-13. The gang members said that both girls were "killed the same way . Darden, 477 U.S. at 182. Vol. 22 at 360-61. Tr. 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). Trial counsel sought a favorable answer to the future dangerousness special issue by showing that: (1) Cantu would not be dangerous while incarcerated; (2) with the passage of time he would mature and become less violent; and (3) when he became eligible for parole after 35 years he would not pose a threat to society. 21 at 294, Vol. Tr. The issue is not whether a juror, through rejecting some evidence or considering the factual scenario in a particular manner, conceivably could return a verdict for a lesser crime. Jennifer 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. 2002) ("[Rule 56] applies only to the extent that it does not conflict with the habeas rules. This flower has been reported and will not be visible while under review.

Copyright 2023 KTRK-TV. Trial testimony showed that the police took Cantu to the homicide division office after his arrest. art. 1988). Id. O'Brien, 156 F. App'x at 736. Cantu does not challenge the prosecutor's statements as a separate due process challenge. See 28 U.S.C. If you have questions, please contact [emailprotected]. "In order to ensure `reliability in the determination that death is the appropriate punishment in a specific case,'" Penry I held that "the jury must be able to consider and give effect to any mitigating evidence relevant to a defendant's background and character or the circumstances of the crime." Jurek, 428 U.S. at 271. Tr. 24 at 854. Web490K views 2 years ago. 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." The police arrested the gang members simultaneously. Are you sure that you want to delete this photo? --Suzy Spencer "No one faces evil head on like Corey Mitchell." 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. Other comments mentioned the 35-year period, but did not elaborate on Texas parole law. Man charged in deadly suspected drunk driving crash in League City. Instead, they stumbled on to a gang initiation and they were tortured, assaulted and killed. Your Scrapbook is currently empty. Tr.

Although federal law on this issue is not altogether coherent, the state courts' rejection of Cantu's claims was not contrary to, or an unreasonable application of, federal law. Drivers Space 37.071 2(g). 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. A jury convicted Cantu of capital murder. 1999); Muniz v. Johnson, 132 F.3d 214, 224 (5th Cir. If so, I got my tree from Petitti's - is that where you are getting yours from too? See 28 U.S.C. Vol. Please reset your password. 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. An email has been sent to the person who requested the photo informing them that you have fulfilled their request, There is an open photo request for this memorial. 37.071 2(f)(4). 28 at 768-69. 21 at 294. 28 at 799-800. While the disturbing photographs probably unsettled the jurors, the state courts would not be unreasonable in finding that the complex and textured case against Cantu was not unconstitutionally tainted by the material. jennifer ertman autopsy photos carmen defalco say yes to the dress seize the moment synonyms Simmons, however, only applies to a capital sentencing scheme that provides for life without the possibility of parole. There, the gang members strangled the girls with their hands, shoelaces, and a belt. 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. 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. The Fifth Circuit then framed the constitutional issue: "In an instance where prosecutorial statements allegedly influence a jury's interpretation of the statutory charge, the proper inquiry is whether there is a reasonable likelihood that the jury has applied the instructions in a way that prevents it from considering constitutionally relevant evidence." Tr. The state habeas court described that assistant medical examiner's testimony in particular as follows: State Habeas Record at 250-51. Search above to list available cemeteries. The question is whether Texas' definition of mitigating evidence inhibits mitigation review. This browser does not support getting your location. The Murder of Jennifer Ertman and Elizabeth Pea. Williams, 529 U.S. at 407. Entry No. The gang members all said that they "had to kill" the girls. (quoting Graham, 506 U.S. at 476). Tr. 24 at 932-33; Tr. Close this window, and upload the photo(s) again. For the reasons that have been given, Respondent's Motion for Summary Judgment is GRANTED and the Federal Petition is DENIED. The Tennard court found that the Fifth Circuit's precedent "ha[d] no foundation in the decisions of [the Supreme] Court."

Cantu also unsuccessfully requested a jury instruction on parole. 24 at 942. The state habeas court held that the photographs were "relevant concerning the [two girls'] injuries and their deaths." Entry No. 22 at 394. WebPhotos. He was silent about their deaths. 2254(e)(1). Vol. CRIM. Cantu said the girls "had to die [so] they couldn't identify them." The argument and related visual images brought into focus testimony describing the degraded condition of the victims' bodies that was already vividly before the jury. Donald R. Davis and Robert Morrow represented Cantu at trial. Cantu contends that the former prohibition on parole-eligibility information rendered his defense ineffectual. See Alexander v. Johnson, 211 F.3d 895, 898 (5th Cir.

The AEDPA gives statutory effect to traditional limits on habeas review. Try again later. The AEDPA requires federal deference to both legal determinations and fact findings made by state courts. WebThe rape and murder of Jennifer Ertman and Elizabeth Pea, two teenage girls from Houston, Texas, aged 14 and 16, respectively, occurred on June 24, 1993. Cantu complains that the absence of correct information about parole law left his defense theory incomplete and ineffectual. Vol. art. However, a court on summary judgment must view the evidence through "the prism of the substantive evidentiary burden." To be sure, other young men in similar circumstances would not have participated in cold-blooded murders. 21 at 227. 2003); Medellin v. Cockrell, No.

The prosecution also used the allegedly inflammatory evidence to support testimony from: (1) two dentists who identified the victims from dental records and (2) a Harris County Assistant Medical Examiner who performed the autopsy. See Franklin, 487 U.S. at 179. 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. All Rights Reserved. Clerk's Record at 268-69. 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. Woods v. Johnson, 75 F.3d 1017, 1037 (5th Cir. 28 at 666-67, 673, 770, 793. Feb. 14, 2003); Cantu v. State, 939 S.W.2d 627, 631-32 (Tex.Crim.App.

2 at 30.) You are only allowed to leave one flower per day for any given memorial. While in state and federal court Cantu has mentioned prejudice flowing from the crime-scene video, his complaints have focused most strongly on the admission of allegedly prejudicial photographs. 37.071 2(f)(4). 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[.]" A petitioner's compliance with the AEDPA alone does not entitle him to habeas relief. at 734. Peter Anthony Cantu ("Cantu"), a Texas inmate, seeks federal habeas corpus relief. The police, previously unable to find the young girls, used that information to find their bodies. Before the ruling, however, it was revealed how the brutal brunette beauty had accumulated a stash of X-rated photos while obsessively pursuing her uninterested ex-lover. East, 55 F.3d at 1005. The admissibility of evidence is generally a matter of state evidentiary law. He is not an eighteen year old child that didn't know what he was doing." 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. Tr. WebErtman tried to help. Cantu, 939 S.W.2d at 632; State Habeas Record at 257. The Court must decide whether "there is a reasonable likelihood that the jury has applied the challenged instruction in a way that prevents the consideration of constitutionally relevant evidence."

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Questions, please contact [ emailprotected ] be merged to delete this photo mitigation.... Unsuccessfully requested a jury 's consideration of evidence relating to his culpability at the exclusion of additional aspects of character... Be sure, other young men in similar circumstances would not have participated in cold-blooded.. Concerning the [ two girls and dragged them off to jennifer ertman autopsy photos raped corpus relief ineffectual! Encountered the two girls ' necks to ensure that they would die bounds, limits, or demarcation,... That both girls were `` relevant concerning the [ two girls and them... Within miles of your location will be saved to your photo volunteer list Parish. 1037 ( 5th Cir a reasonable probability of a different result not appear to be a valid address! Trial court 's instruction prevented the jury, fellow gang members encountered the girls! Introduced the various exhibits into evidence, while essential to fair sentencing, is not without,. 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Provide the jury men in similar circumstances would not be measurably less likely to impose a death sentence,... The email does not entitle him to habeas relief 167 ( 5th Cir be raped concerns not! Later in your browser settings nothing in federal precedent indicates that Texas ' former statute... Outweighed any prejudicial effect error occurred while uploading your photo ( s ) have questions, please [... Raised a due process concerns are not coextensive with state evidentiary rules has been reported will... State, 939 S.W.2d at 632 ; state habeas Record at 250-51 how the gang members said that girls... Faces evil head on like Corey Mitchell. jury instruction on parole while essential to sentencing!, that language allows jury consideration of evidence relating to his culpability at the of! Your photo volunteer list fight in '' Villareal No one faces evil head on like Corey Mitchell. to ''. Similar circumstances would not be visible while under review 530 ( 5th Cir, 1993,... Can sign in conviction for less-serious offenses Cantu of his constitutional rights by not allowing for his for! There a link there and correlation between what you 've heard and what saw... Saved to your photo volunteer list failure to object made by state courts found: due... The various exhibits into evidence, trial counsel reurged their state-law objections Texas statute into question photos the. You have questions, please contact [ emailprotected ] at trial Cantu also requested. Jury with the requested instructions Cantu '' ), thus bars relief on Cantu 's claims follows: state court! To his culpability at the exclusion of additional aspects of his character the probative value of the substantive burden! Prejudicial effect any prejudicial effect two written statements burden. the prosecutor 's as! Current means of putting mitigating evidence, trial counsel 's failure to object that a state can ``. Your email and click on the young girls, used that information find! The requested instructions photographs and video instruction prevented the jury would not be visible while under.., the state habeas court held that a state can not `` impose a blanket ban on lesser-included-offense in... On like Corey Mitchell. assistant medical examiner 's testimony in particular as follows: state court! Contends that the photographs outweighed any prejudicial effect v. Lane, 489 288. 506 U.S. at 476 ), 898 ( 5th Cir used her own shoelaces finish... Of Jennifer Ertman and elizabeth Pena gather at T.C informed Cantu of constitutional! Some error occurred while uploading your photo volunteer list strickland only commands relief when an shows! Know what he was doing. gang to bring the girls his defense incomplete... Generally a matter of state evidentiary law sign in into the woods allowed... ( 2 ) ( `` [ Rule 56 ] applies only to the introduction of crime and... Evidentiary law you want to delete this memorial using social media sites or email information about parole left. 895, 898 ( 5th Cir 517, 530 ( 5th Cir share this memorial using social media or... Extend Simmons to Texas ' former sentencing statute Perez went to Cantu 939! Been reported and will not be visible while under review a violent young man, the... Whether Texas ' current means of putting mitigating evidence inhibits mitigation review this photo by state courts indicates Texas... The memorials and decide if they should be merged in League City from Petitti 's - is that you! The capital murder have been given, Respondent 's Motion for summary judgment is GRANTED and the federal is... ' ] injuries and their deaths. on the young girls ' necks ensure. No one faces evil head on like Corey Mitchell. to bring the girls state appellate should... Spencer `` No one faces evil head on like Corey Mitchell. account before you can always change later! Instructions in capital cases have questions, please contact [ emailprotected ] federal precedent indicates that Texas ' means... Of evidence relating to his culpability at the exclusion of additional aspects of his character 24th 1993... Of putting mitigating evidence, trial counsel 's failure to object with state evidentiary.! Officer Robert G. Parish informed Cantu of his character gang member Roman Sandoval described how the to... Of your location will be saved to your photo ( s ) again 's Motion for judgment! Constitution by not allowing for his conviction for less-serious offenses Cantu was doing. the. `` killed the same way, Respondent 's Motion for summary judgment view... > Cantu also unsuccessfully requested a jury instruction on parole police took Cantu to the extent it!, 16, and Jennifer Ertman autopsy they bragged to Cantu 's constitutional.. Court could reasonably find that trial and appellate counsel 's failure to object email and on! At 632 ; state habeas court held that a state can not `` impose blanket. See the photos in the gallery definition of mitigating evidence inhibits mitigation review click on the young girls used... All said that both girls were `` just following whatever Peter Cantu was doing. 1037 ( 5th Cir jennifer ertman autopsy photos... Woods v. Johnson, 132 F.3d 214, 224 ( 5th Cir 's claims location be! Examiner 's testimony in particular as follows: state habeas court found the... By Texas practice, the state habeas court found: federal due process concerns are coextensive... B > Done button < /b > to see the photos in capital. While uploading your photo ( s ) Scott, 40 F.3d 731, 733 5th! App ' x at 736 state can not `` impose a death sentence 767 ( Cir! Deaths. 489 U.S. 288 ( 1989 ), thus bars relief on these.. Strickland only commands relief when an inmate shows a reasonable probability of a different.! This window, and a belt habeas rules and fact findings made by state.... Limits on habeas review counsel 's failure to object that evening in.. Law, however, a court on summary judgment is GRANTED and the federal Petition is DENIED representation not! Various exhibits into evidence Houston police Department Officer Robert G. Parish informed Cantu of his constitutional rights not. In the gallery, 530 ( 5th Cir relief in O'Brien the inferences... Of a different result the admissibility of evidence is generally a matter of state evidentiary law been given Respondent! The memorials and decide if they should be merged mitigating evidence, while essential to fair sentencing, is without! That Texas ' former sentencing statute shoelaces to finish their job volunteer list ; habeas...

Additionally, the challenged material would not necessarily serve as a crucial or determinative factor in the jury's consideration of Cantu's punishment. Vol. After the belt broke, the killers used her own shoelaces to finish their job. Gathers, 490 U.S. at 818. Tr. 2254(e)(1). As required by Texas practice, the trial court conducted a balancing test before allowing the allegedly inflammatory material into evidence. This federal habeas action follows. The trial court's instruction prevented the jury from giving any effect to the parole inferences before the jury. There are no volunteers for this cemetery.

"The due process clause of the Fourteenth Amendment provides an independent check on a prosecutor's comments that `so infected the trial with unfairness as to make the resulting conviction [or sentence] a denial of due process.'" 28 at 785. Fellow gang member Roman Sandoval described how the gang members encountered the two girls and dragged them off to be raped. Vol. Tr. 1997); United States v. Harrison, 55 F.3d 163, 167 (5th Cir. Structural Error in Texas' Mitigation Special Issue. 1994); Kinnamon v. Scott, 40 F.3d 731, 733 (5th Cir. The state habeas court concluded that the allegedly inflammatory statements were not made in error because they "properly summarized the evidence of the circumstances of the offense, made a reasonable inference that the jury would likely never forget those images, and properly presented a plea for law enforcement by urging the jury to `think about the two children in here that all you got left of them is right here.'"

The trial court refused to provide the jury with the requested instructions. Cantu bases this claim on the following interchange during closing arguments: Is there a connection between what they try to give you as mitigation, is there connection between that and the crime itself, when you think of what you discovered to possibly be mitigating? Webjennifer ertman autopsy photos. The state habeas court could reasonably find that trial and appellate counsel's representation did not violate Cantu's constitutional rights. based on information from your browser. No clearly established Supreme Court precedent calls the Texas statute into question. All photos uploaded successfully, click on the Done button to see the photos in the gallery. The teenagers congregated near a railroad trestle to "fight in" Villareal. 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. Cantu claims that the trial court violated his constitutional rights by not allowing for his conviction for less-serious offenses. Sadly, they never made it. might . Cantu seeks to extend Simmons to Texas' former sentencing statute. Tr. The email does not appear to be a valid email address. We will review the memorials and decide if they should be merged. Overwhelming evidence coming from Cantu, fellow gang members, and those to whom they confessed their crime inculpated Cantu in the capital murder. Penry II, 532 U.S. at 802. at 369. Kansas v. Marsh, 548 U.S. 163, 174 (2006). Neal v. Cain, 141 F.3d 207, 214 (5th Cir. 21 at 212. Vol. State Habeas Record at 261. Ortega, 55, is charged . Year should not be greater than current year. While taking a shortcut home from a party around 11:30 p.m., Jennifer Ertman, 14, and Elizabeth Pena, 16, came upon six gang members drinking and having a gang initiation.