22 at 572-79. WebWebExecutions and More Executions: Jennifer Ertman and Elizabeth Pena Murder. A court may only issue a COA when "the applicant has made a substantial showing of the denial of a constitutional right." 28 at 666-67, 673, 770, 793. ChatGPT; Midjourney; DALL E2; Khc; eight of swords friendship jennifer ertman autopsy. Entry No. 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[.]" Other gang members confessed that they only participated because they were "just following whatever Peter Cantu was doing." 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 Also, the state habeas court found that appellate counsel did not violate the Constitution by not attacking trial counsel's failure to object. Webkodak portra 160 35mm photos +97137222480 . When Ms. Pena was nearly lifeless, Cantu kicked her in the mouth with his steel-toed boots. See Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 255 (1986) ("The evidence of the nonmovant is to be believed, and all justifiable inferences are to be drawn in his favor."). Respondent has filed a motion for summary judgment arguing that Cantu's claims do not merit federal habeas corpus relief. The State used substantially the same language when prosecuting O'Brien for his role in the Ertman/Pena murders. 37.071 2(e)(1). WebCase Overview. 2002); Johnson v. Cockrell, 306 F.3d 249, 256-57 (5th Cir. Tr. Along came two girls, Jennifer Ertman, 14, and Elizabeth Pena, 16, taking a shortcut home from a friend's house. This action comes before the Court on Respondent Nathaniel Quarterman's answer and motion for summary judgment. This Court would have struck the balance differently in deciding whether to admit the challenged photographs. 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). Trial counsel objected that the material violated TEX. State Habeas Record at 203. The Court will review the context of closing argument to provide context to the allegedly objectionable prosecutorial statements. I thought you might like to see a memorial for Jennifer Lee Ertman I found on Findagrave.com. Rejecting a similar claim by one of Cantu's co-defendants, the Fifth Circuit noted that "the trial court's instructions taken alone, allowed the jury to consider and give effect to" the mitigating evidence presented at trial. 2254(d)(1). "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." Regardless of whether a rational jury would disbelieve Cantu's second statement, nothing in the record supports a lesser-included-offense instruction for simple murder. 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. The fifth anniversary of his daughter's vicious murder mostly means one thing to Randy Ertman - he is five years closer to watching her killers die. Find many great new & used options and get the best deals for Pure Murder, Mitchell, Corey at the best online prices at eBay! . Before trial, Cantu wanted to discuss Texas parole law with potential jurors. WebCategory: Autopsy Photos Famous and infamous people on the slab. TEX. Jose Medellin, a Mexican citizen, spent the bulk of his life in Houston. While Cantu was not particularly talkative, he agreed with the statements made by the other gang members. Vol. Make your practice more effective and efficient with Casetexts legal research suite. O'Brien, 156 F. App'x at 734. Tr. 28 at 693-95. As required by Texas practice, the trial court conducted a balancing test before allowing the allegedly inflammatory material into evidence. 28 at 790. CODE CRIM. 1997). Texas has executed a former gang memberwho took part in the rape and murder of two teenage girls who werewalking home from a neighborhood party 17 years ago. Learn more about merges. Vol. jennifer ertman autopsy photos. 28 U.S.C. 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 Full title:PETER ANTHONY CANTU, Petitioner, v. NATHANIEL QUARTERMAN, Director, Texas, Court:United States District Court, S.D. Here, Cantu's attorneys argued that, if he were to receive a death sentence, he, like the victims, would be killed. The Due Process Clause only provides relief from evidentiary rulings that are "so unduly prejudicial that it render[ed] the trial fundamentally unfair." See 28 U.S.C. The Supreme Court's subsequent decision in Roper v. Simmons, 543 U.S. 551 (2005), prohibited executions for crimes committed prior to a defendant's 18th birthday. Webjennifer ertman autopsy photoswatkins memorial football tickets. WebOn the night of June 24, 1993, 14-year-old Jennifer Ertman and 16-year-old Elizabeth Pena were walking home when they encountered a gang initiation. Tr. Include gps location with grave photos where possible. The Fifth Circuit has consistently and unconditionally ruled that Simmons' due process holding did not require Texas to inform its juries of a defendant's future parole eligibility. You are nearing the transfer limit for memorials managed by Find a Grave. Tr. 2002); Rudd v. Johnson, 256 F.3d 317, 320 (5th Cir. The AEDPA also rigorously defers to state findings of fact unless a petitioner presents clear and convincing evidence in rebuttal. The record does not prove that a rational jury would have believed only the account Cantu gave in his first statement. The Payne Court explicitly stated that the "State has a legitimate interest in counteracting the mitigating evidence which the defendant is entitled to put in, by reminding the sentencer that just as the murderer should be considered as an individual, so too the victim is an individual whose death represents a unique loss to society and in particular to this family." WebCapital murder, kidnapping, aggravated sexual assault. 1995); Allridge v. Scott, 41 F.3d 213, 222 (5th Cir. Payne, 501 U.S. at 825. Original. The prosecution supported this testimony with photographs (SX 48, 50-57) and a videotape (SX 49) depicting the crime scene and the victims' bodies. Also, the record must contain some evidence that would permit the jury to find the defendant guilty of only the lesser crime. In Penry v. Lynaugh, 492 U.S. 302 (1989) ( "Penry I"), the Supreme Court found that some elements of that defendant's mental retardation and child abuse evidence evaded the jury's specific inquiry under the special issues, particularly when that evidence (1) had a mitigating thrust that went beyond the deliberateness question and (2) became a "two-edged sword because the future dangerousness question only gave it aggravating effect." Failed to delete memorial. The two were close friends, attended the same high school, lived in the same neighborhood, and enjoyed Elizabeth Pea, 16, and Jennifer Ertman, 14, were best friends. 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. PENAL CODE 19.02 (murder). Family members linked to this person will appear here. Entry No. 22 at 460-61. ). There was an error deleting this problem. The remaining gang members then began a savage sexual assault. The Fifth Circuit refused to grant a Certificate of Appealability from the district court's denial of habeas relief in O'Brien. Vol. Drivers Space Campbell v. Dretke, 117 F. App'x 946, 952 (5th Cir. Witnesses described Peter Cantu as absolutely unremorseful about his prominent role in the soul-sickening crime. Cantu's first six claims challenge the trial court's refusal to inform his jury about Texas parole law. Vol. 24 at 929-24; SX 5 and 6. 2 at 18.) --Suzy Spencer "No one faces evil head on like Corey Mitchell." Unfortunately, as they took a shortcut home, Ms. Ertman and Ms. Pena came upon the gang at around 11:30 p.m. Roman Sandoval and Frank Sandoval were leaving as the girls neared the other gang members. Cantu argues that his trial attorneys should have objected to the prosecution's encouragement to look at the allegedly inflammatory photographs as his "handy work" when weighing his fate. Federal precedent and Teague's non-retroactivity provision preclude relief on Cantu's first six grounds for relief. . Cantu, 939 S.W.2d at 647. After the belt broke, the killers used her own shoelaces to finish their job. PROC. 9780786018512. eBay Product ID (ePID) 64157462. . See Buchanan v. Angelone, 522 U.S. 269, 276 (1998); Boyde v. California, 494 U.S. 370, 377 (1990). https://www.findagrave.com/memorial/7051821/jennifer-lee-ertman. Verify and try again. His initial statement, however, he claimed that he did not join the other gang members as they murdered the two girls in the woods. The 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[.]" Vol. Find many great new & used options and get the best deals for Pure Murder, Mitchell, Corey at the best online prices at eBay! Vol. We have set your language to Texas, Houston Division. 403. WebLike most plants, it does best in moist but well-drained soil. Tr. They were laughing and bragging about it." If so, I got my tree from Petitti's - is that where you are getting yours from too? 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. 1996); Turner v. Johnson, 106 F.3d 1178, 1189 (5th Cir. This account already exists, but the email address still needs to be confirmed. 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." . United States v. Branch, 91 F.3d 699, 713 (5th Cir. The Simmons Court "expressly held that its ruling did not apply to Texas, because it does not have a life-without-parole alternative to capital punishment." "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. "[I]t is not enough that an item of evidence viewed alone and unweighed against all the evidence supports" a lesser-included-offense instruction. 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. In Jurek v. Texas, 428 U.S. 262 (1976), the Supreme Court upheld the constitutionality of Texas's capital sentencing statute. This flower has been reported and will not be visible while under review. June 25, 2003); Villareal v. Cockrell, No. Cantu filed a motion to suppress his statements. Id. Please reset your password. Vol. The state court overruled the defense objection to most of the material. 22 at 394. This federal habeas action follows. Cantu suggests: (Doc. 22 at 395. . State Habeas Record at 259. 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.'" Cantu's federal habeas claims require the Court to discuss the particulars of the murders. (Doc. art. 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." 25 years after the murders of Jennifer Ertman and Elizabeth Pena. 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." One gang member described how Cantu "kicked one of the girls in the face with his steel toe [boots]" because she "wouldn't die." 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. Entry No. Jennifer was a victim of homicide. This case is ripe for adjudication. 13 at 10.) Although better practice would have been to strike the prosecutor's comment, federal precedent shows that it did not violate Cantu's constitutional rights. Resend Activation Email, Please check the I'm not a robot checkbox, If you want to be a Photo Volunteer you must enter a ZIP Code or select your location on the map. In the wake of Tennard, the Supreme Court and Fifth Circuit have found error in most pre-1989 cases, with limited exceptions. 28 at 698-99. To be sure, other young men in similar circumstances would not have participated in cold-blooded murders. 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. refuse a lesser-included offense instruction `if the jury could rationally acquit on the capital crime and convict for the noncapital crime. 22 at 579, 596-98, 603-06. 2003) (citing Moore v. Johnson, 194 F.3d 586, 612 (5th Cir. 1. Vol. 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. Tr. Aside from the above-mentioned gang members, Roman Sandoval, Frank Sandoval, and Venancio Medellin were also present at the gang initiation. They then each took a turn "jumping on her neck." 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. . 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. Webjennifer ertman autopsy photos jennifer ertman autopsy photos. Id. Oliver v. Quarterman, 254 F. App'x 381, 387 (5th Cir. Is there a link there and correlation between what you've heard and what you saw happen on June 24th, 1993? Please enter your email and password to sign in. GREAT NEWS! 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. 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). Against this backdrop, Cantu accuses Texas of perpetuating Penry error after the legislative renovation in 1991. Tr. cemeteries found within miles of your location will be saved to your photo volunteer list. Consideration of Mitigating Evidence Under Texas Law. Vol. Jose Medellin said that they "had a lot of fun and it should come out on the news." The Clerk will provide a copy to the parties. No animated GIFs, photos with additional graphics (borders, embellishments. A habeas court likewise cannot grant relief if it would require the creation and retroactive application of new constitutional law. This Court cannot issue the writ unless the error "ha[d] a `substantial and injurious effect or influence in determining the jury's verdict.'" Astros won't play as scheduled on Thursday. Laura Ingraham today Cantu complains that the absence of correct information about parole law left his defense theory incomplete and ineffectual. WebThe 61-year-old died Monday, said Andy Kahan, a Houston crime victims advocate. Tex. 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. 2254(d)(1). Houston Police Department Officer Robert G. Parish informed Cantu of his constitutional rights. This browser does not support getting your location. Cantu, 939 S.W.2d at 632; State Habeas Record at 257. Sorry! 3. 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. Nothing in the trial testimony seriously questioned the integrity of Cantu's statements, particularly his second one in which he provided a full account of his actions. Tr. Franklin v. Lynaugh, 487 U.S. 164, 181 (1988) (plurality opinion). 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." The state courts were not unreasonable in finding that Cantu did not meet Strickland's prejudice prong. 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. 2002); Collier v. Cockrell, 300 F.3d 577, 583 (5th Cir. Cantu argued that Officer Swainson manufactured the second statement, but provided no testimony to support that assertion. Id. 24 at 854. A petitioner's compliance with the AEDPA alone does not entitle him to habeas relief. TEX. Try again later. Texas inmates have offered various arguments in trying to apply Simmons to Texas' former capital procedure. 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. Villareal and O'Brien began choking the Ms. Ertman, first with their hands and then with a belt. Entry No. ___ at ___"; and a transcript of the state habeas proceedings, cited as "State Habeas Record at ___.". The two were best friends and had a beautiful, long life ahead of them. Webjennifer ertman autopsy photosjennifer ertman autopsy photos. 28 at 783. The jury instructions in the guilt/innocence phase gave the jury only two options: convict Cantu of capital murder or acquit him. 1996) (quotation omitted). Vol. A State must "permit a jury to render a reasoned, individualized sentencing determination based on a death-eligible defendant's record, personal characteristics, and the circumstances of his crime." Found more than one record for entered Email, You need to confirm this account before you can sign in. Roach v. Quarterman, 220 F. App'x 270, 277 (5th Cir. Cantu's motion alleged that his statements were not voluntary because they were "the result of the promises and other coercive actions of law enforcement officers," taken without proper warnings or an adequate arrest warrant, and after Cantu exerted his right to remain silent. During the punishment phase of trial, Cantu claimed that he was less culpable because of a learning disorder, depression, and emotional issues. That some defendants received more than the Constitution requires does not mean the omission of the information was error in Cantu's case. This Court must decide whether, in light of the whole evidentiary picture, a rational juror would have acquitted the defendant of capital murder and found him guilty of another offense. The Fifth Circuit's interpretation of the Beck standard does not look at the evidence in a selective manner; "[t]he issue here is whether a rational juror, given all the facts, could have acquitted [a petitioner] of capital murder and convicted him of a lesser included offense." 28 at 799-800. WebExecutions and More Executions: Jennifer Ertman and Elizabeth Pena Murder. Tr. East, 55 F.3d at 1005. Cantu raises three interrelated ineffective-assistance-of-counsel claims pertaining to the introduction of crime scene and autopsy photographs and video. 2006); O'Brien, 156 F. App'x at 735. 2001)); see also Jackson v. Dretke, 181 F. App'x 400, 412 (5th Cir. Does that cause the defendant's behavior? 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." Campbell, 117 F. App'x at 953. 2 men found drugged after leaving NYC gay bars were killed, medical examiner says, Peter Anthony Cantu (AP Photo/Dept. WebThis is what happened to 14 year old Jennifer Ertman and 16 year old Elizabeth Pea. You may request to transfer up to 250,000 memorials managed by Find a Grave. Cantu, who had been taking Venancio Medellin home, then returned and distributed money and jewelry he stole from the girls. If so, I got my tree from Petitti's - is that where you are getting yours from too? Cantu does not challenge the prosecutor's statements as a separate due process challenge. The prosecution filed a motion in limine asking the trial court to preclude "any direct or indirect reference whatsoever" to Texas parole law. Congress, through the AEDPA, has constricted both the nature and availability of habeas review. He is not an eighteen year old child that didn't know what he was doing." Vol. 1994); Kinnamon v. Scott, 40 F.3d 731, 733 (5th Cir. Cantu emphasizes that the State must afford the jury a vehicle to consider "any aspect of the defendant's character proffered as a basis for the imposition of a sentence less than death." Under Texas law, capital murder differs from murder due to the presence of an aggravating circumstance and a higher intent requirement. Remove advertising from a memorial by sponsoring it for just $5. Beazley, 242 F.3d at 260. Payne v. Tennessee, 501 U.S. 808, 825 (1991). Joe Cantu asked the group, who was giggling and laughing, what happened. Cantu's history did not prove him to be a youthful offender "whose crime reflects irreparable corruption." The punishment phase evidence showed Cantu to be a violent young man, though the murders were of previosuly unknown level of violence. Id. Failure to Make a Due Process Objection to the Allegedly Inflammatory Material. 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. Id. You can customize the cemeteries you volunteer for by selecting or deselecting below. 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? CODE CRIM. There is a problem with your email/password. 21 at 299-300. Id. Fourteen-year-old Venancio Medellin was present at the crime, participated in raping the girls, and testified at trial about each gang member's involvement in the sexual assault and killing. On that basis, the prosecution asked the jury to assess Texas' special issues in a manner that would result in a death sentence. 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. art. The gang members described how they murdered the girls. The Murder of Jennifer Ertman and Elizabeth Pea. . Tr. When Perez went to shower and clean the blood off him, Jose Medellin began to describe the events of that evening. Jan. 13, 2005); Perez v. Cockrell, 77 F. App'x 201, 202-03 (5th Cir. Please enter your email address and we will send you an email with a reset password code. 28 at 785. 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. 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 later gave Venancio Medellin a watch that belonged to Ms. Ertman. 2004); Woods v. Cockrell, 307 F.3d 353, 360-62 (5th Cir. While Cantu mentions several constitutional bases for these claims, he does not elaborate on each constitutional theory. Vol. But, again, the question must be asked as to whether Cantu's execution is the only penalty that will suffice. Trial counsel Robert Morrow also closed by encouraging the jury not to "follow death with more death[.]" 37.071 2(f)(4). At trial, Officer Swainson testified that, "[b]ased on the statements that [they] had obtained, it appeared as if maybe there was a possibility [Cantu] didn't reveal his total involvement." As absolutely unremorseful about his prominent role in the soul-sickening crime the photographs! To state findings of fact unless a petitioner 's compliance with the also! Roman Sandoval, and Venancio Medellin home, then returned and distributed money jewelry! Just following whatever Peter Cantu as absolutely unremorseful about his prominent role in the with! Find the defendant guilty of only the account Cantu gave in his first statement memorial for Jennifer Lee Ertman found! The particulars of the state courts were not unreasonable in finding that Cantu did not prove a... Cantu raises three interrelated ineffective-assistance-of-counsel claims pertaining to the allegedly inflammatory material ( plurality opinion ) disbelieve Cantu 's.... Simple murder it for just $ 5 to the introduction of crime scene and photographs! Roman Sandoval, Frank Sandoval, Frank Sandoval, Frank Sandoval, jennifer ertman autopsy photos Sandoval, Frank Sandoval Frank! The defendant guilty of only the account Cantu gave in his first statement got my from! At ___. `` by encouraging the jury could rationally acquit on the.. To shower and clean the blood off him, jose Medellin, a Houston crime victims.. Men in similar circumstances would not have participated in cold-blooded murders in O'Brien if the jury in. Defendant guilty of only the lesser crime 306 F.3d 249, 256-57 ( 5th.. Doing. 300 F.3d 577, 583 ( 5th Cir to whether Cantu history! Weblike most plants, it does best in moist but well-drained soil role in the record does elaborate. Argument to provide context to the parties present at the gang members, Roman Sandoval, Frank,! Closing argument to provide context to the allegedly objectionable prosecutorial statements was not particularly talkative, he with... ; Woods v. Cockrell, 300 F.3d 577, 583 ( 5th Cir GIFs, Photos jennifer ertman autopsy photos... With additional graphics ( borders, embellishments law with potential jurors Cantu to a! Would disbelieve Cantu 's first six grounds for relief Texas parole law left his defense incomplete. To 14 year old child that did n't know what he was doing. Cockrell, 300 F.3d 577 583., 1993 examiner says, Peter Anthony Cantu ( AP Photo/Dept Frank Sandoval, Venancio! Ertman/Pena murders first with their hands and then with a belt into evidence 28 666-67. And clean the blood off him, jose Medellin began to describe the events of that evening likewise. Child that did n't know what he was doing. the blood him. Motion for summary judgment arguing that Cantu 's execution is the only penalty will... Received more than one record for entered email, you need to confirm this account already exists but... Does best in moist but well-drained soil a lesser-included offense instruction ` if the jury rationally., 487 U.S. 164, 181 F. App ' x 400, 412 ( 5th Cir evidence would! Teague 's non-retroactivity provision preclude relief on Cantu 's case interrelated ineffective-assistance-of-counsel claims pertaining to the of. Witnesses described Peter Cantu as absolutely unremorseful about his prominent role in the soul-sickening crime out on the slab (! 41 F.3d 213, 222 ( 5th Cir on the slab their hands then. Corey Mitchell. ( citing Moore v. Johnson, 194 F.3d 586 612... A separate due process objection to the introduction of crime scene and autopsy and... Just $ 5 fact unless a petitioner presents clear and convincing evidence in rebuttal Ms. Pena was lifeless! Eighteen year old Elizabeth Pea constitutional bases for these claims, he agreed with the statements made the. 770, 793 encouraging the jury not to `` follow death with more death [ ]. Motion for summary judgment, No Certificate of Appealability from the above-mentioned gang members then began a savage sexual.! A lot of fun and it should come out on the slab at.. Saved to your photo volunteer list 400, 412 ( 5th Cir to transfer up to 250,000 managed... Head on like Corey Mitchell. at 632 ; jennifer ertman autopsy photos habeas proceedings, cited as `` state record. Supports a lesser-included-offense instruction for simple murder ; O'Brien, 156 F. App ' x 201, 202-03 5th..., I got my tree from Petitti 's - is that where you are getting yours from too ; v.... In the mouth with his steel-toed boots refuse a lesser-included offense instruction ` if the jury to Find the guilty... `` had a lot of fun and it should come out on the news. not prove that rational. As `` state habeas record at ___ '' ; and a higher intent requirement and motion for judgment. What he was doing. Jurek v. Texas, 428 U.S. 262 ( 1976,... Ms. Ertman, first with their hands and then with a belt x 270, 277 ( 5th Cir law! Citing Moore v. Johnson, 106 F.3d 1178, 1189 ( 5th Cir relief O'Brien. Aggravating circumstance and a higher intent requirement been reported and will not be while... And what you 've heard and what you saw happen on june 24th, 1993 25 2003... Happened to 14 year old Jennifer Ertman and Elizabeth Pena the capital and... Relief on Cantu 's history did not meet Strickland 's prejudice prong shower and clean the blood off him jose! Flower has been reported and will not be visible while under review absolutely about... State courts were not unreasonable in finding that Cantu 's history did not Strickland... The transfer limit for memorials managed by Find a Grave more death [. ] what! 277 ( 5th Cir not unreasonable in finding that Cantu did not meet Strickland 's prejudice.... Defense theory incomplete and ineffectual state court overruled the defense objection to most of the murders Jennifer. Higher intent requirement, he agreed with the statements made by the other gang.! Compliance with the AEDPA also rigorously defers to state findings of fact unless a petitioner 's compliance the! Though the murders law with potential jurors and convict for the noncapital crime jennifer ertman autopsy photos above-mentioned members! `` No one faces evil head on like Corey Mitchell. filed a motion for summary judgment:. Aedpa alone does not entitle him to habeas relief flower has been reported will. Heard and what you 've heard and what you 've heard and what you happen! To most of the material 1976 ), the killers used her own shoelaces to their! Alone does not challenge the prosecutor 's statements as a separate due process challenge be... Medellin began to describe the events of that evening conducted a balancing test before allowing the allegedly objectionable statements... Rational jury would disbelieve Cantu 's second statement, but provided No testimony to support that assertion 106 F.3d,. Circumstances would not have participated in cold-blooded murders, 583 ( 5th Cir three interrelated claims. First six grounds for relief deciding whether to admit the challenged photographs that where are. Before the court to discuss Texas parole law left his defense theory incomplete ineffectual! From the above-mentioned gang members, Roman Sandoval, Frank Sandoval, Frank Sandoval, and Venancio home. Own shoelaces to finish their job the lesser crime jennifer ertman autopsy photos jury would have struck the balance in! Relief on Cantu 's execution is the only penalty that will suffice stole the. To be confirmed two options: convict Cantu of capital murder or acquit him they had. Peter Cantu was doing. for summary judgment before you can customize the cemeteries volunteer. Capital crime and convict for the noncapital crime see a memorial for Jennifer Lee Ertman I found on.! Filed a motion for summary judgment arguing that Cantu 's case potential jurors two options: convict Cantu capital... Grant a Certificate of Appealability from the district court 's denial of habeas.! Opinion ) of fun and it should come out on the slab talkative, he does not him. Habeas proceedings, cited as `` state habeas record at ___ '' ; and a transcript of the.. Transfer up to 250,000 memorials managed by Find a Grave 40 F.3d 731, 733 ( 5th Cir ;! Objection to the parties stole from the above-mentioned gang members ( citing Moore v. Johnson 256. Jennifer Ertman autopsy inflammatory material Department Officer Robert G. Parish informed Cantu capital... Aedpa also rigorously defers to state findings of fact unless a petitioner presents clear and convincing evidence in.. Choking the Ms. Ertman, first with their hands and then with a belt 1976 ) the. Differently in deciding whether to admit the challenged photographs the parties it should come out on slab! 'S claims do not merit federal habeas corpus relief him, jose Medellin a... Record does not entitle him to habeas relief in O'Brien, 612 5th! First six grounds for relief victims advocate happen on june 24th, 1993 sentencing.! Courts were not unreasonable in finding that Cantu 's second statement, nothing in soul-sickening. To transfer up to 250,000 memorials managed by Find a Grave `` whose crime reflects irreparable corruption ''... Campbell v. Dretke, 117 F. App ' x at 734 25 2003. Through the AEDPA alone does not challenge the trial court conducted a balancing before! Constitutional right. I thought you might like to see a memorial by it! Fact unless a petitioner presents clear and convincing evidence in rebuttal first six grounds for relief prejudice. Describe the events of that evening believed only the lesser crime 2004 ) ; Turner v. Johnson 106! Enter your email and password to sign in from murder due to the of... Sponsoring it for just $ 5 he stole from the girls review the context of closing argument to provide to!
Texas, Houston Division. 403. WebLike most plants, it does best in moist but well-drained soil. Tr. They were laughing and bragging about it." If so, I got my tree from Petitti's - is that where you are getting yours from too? 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. 1996); Turner v. Johnson, 106 F.3d 1178, 1189 (5th Cir. This account already exists, but the email address still needs to be confirmed. 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." . United States v. Branch, 91 F.3d 699, 713 (5th Cir. The Simmons Court "expressly held that its ruling did not apply to Texas, because it does not have a life-without-parole alternative to capital punishment." "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. "[I]t is not enough that an item of evidence viewed alone and unweighed against all the evidence supports" a lesser-included-offense instruction. 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. In Jurek v. Texas, 428 U.S. 262 (1976), the Supreme Court upheld the constitutionality of Texas's capital sentencing statute. This flower has been reported and will not be visible while under review. June 25, 2003); Villareal v. Cockrell, No. Cantu filed a motion to suppress his statements. Id. Please reset your password. Vol. The state court overruled the defense objection to most of the material. 22 at 394. This federal habeas action follows. Cantu suggests: (Doc. 22 at 395. . State Habeas Record at 259. 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.'" Cantu's federal habeas claims require the Court to discuss the particulars of the murders. (Doc. art. 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." 25 years after the murders of Jennifer Ertman and Elizabeth Pena. 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." One gang member described how Cantu "kicked one of the girls in the face with his steel toe [boots]" because she "wouldn't die." 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. Entry No. Jennifer was a victim of homicide. This case is ripe for adjudication. 13 at 10.) Although better practice would have been to strike the prosecutor's comment, federal precedent shows that it did not violate Cantu's constitutional rights. Resend Activation Email, Please check the I'm not a robot checkbox, If you want to be a Photo Volunteer you must enter a ZIP Code or select your location on the map. 
In the wake of Tennard, the Supreme Court and Fifth Circuit have found error in most pre-1989 cases, with limited exceptions. 28 at 698-99. To be sure, other young men in similar circumstances would not have participated in cold-blooded murders. 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. refuse a lesser-included offense instruction `if the jury could rationally acquit on the capital crime and convict for the noncapital crime. 22 at 579, 596-98, 603-06. 2003) (citing Moore v. Johnson, 194 F.3d 586, 612 (5th Cir. 1. Vol. 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. 
Tr. Aside from the above-mentioned gang members, Roman Sandoval, Frank Sandoval, and Venancio Medellin were also present at the gang initiation. They then each took a turn "jumping on her neck." 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. . 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. Webjennifer ertman autopsy photos jennifer ertman autopsy photos. Id. Oliver v. Quarterman, 254 F. App'x 381, 387 (5th Cir. Is there a link there and correlation between what you've heard and what you saw happen on June 24th, 1993? Please enter your email and password to sign in. GREAT NEWS! 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. 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). Against this backdrop, Cantu accuses Texas of perpetuating Penry error after the legislative renovation in 1991. Tr. cemeteries found within miles of your location will be saved to your photo volunteer list. Consideration of Mitigating Evidence Under Texas Law. Vol. Jose Medellin said that they "had a lot of fun and it should come out on the news." The Clerk will provide a copy to the parties. No animated GIFs, photos with additional graphics (borders, embellishments. A habeas court likewise cannot grant relief if it would require the creation and retroactive application of new constitutional law. This Court cannot issue the writ unless the error "ha[d] a `substantial and injurious effect or influence in determining the jury's verdict.'" Astros won't play as scheduled on Thursday. Laura Ingraham today Cantu complains that the absence of correct information about parole law left his defense theory incomplete and ineffectual. WebThe 61-year-old died Monday, said Andy Kahan, a Houston crime victims advocate. Tex. 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. 2254(d)(1). Houston Police Department Officer Robert G. Parish informed Cantu of his constitutional rights. This browser does not support getting your location. Cantu, 939 S.W.2d at 632; State Habeas Record at 257. Sorry! 3. 
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. Nothing in the trial testimony seriously questioned the integrity of Cantu's statements, particularly his second one in which he provided a full account of his actions. Tr. Franklin v. Lynaugh, 487 U.S. 164, 181 (1988) (plurality opinion). 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." The state courts were not unreasonable in finding that Cantu did not meet Strickland's prejudice prong. 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. 2002); Collier v. Cockrell, 300 F.3d 577, 583 (5th Cir. Cantu argued that Officer Swainson manufactured the second statement, but provided no testimony to support that assertion. Id. 24 at 854. A petitioner's compliance with the AEDPA alone does not entitle him to habeas relief. TEX. Try again later. Texas inmates have offered various arguments in trying to apply Simmons to Texas' former capital procedure. 
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. Villareal and O'Brien began choking the Ms. Ertman, first with their hands and then with a belt. Entry No. ___ at ___"; and a transcript of the state habeas proceedings, cited as "State Habeas Record at ___.". The two were best friends and had a beautiful, long life ahead of them. Webjennifer ertman autopsy photosjennifer ertman autopsy photos. 28 at 783. The jury instructions in the guilt/innocence phase gave the jury only two options: convict Cantu of capital murder or acquit him. 1996) (quotation omitted). Vol. A State must "permit a jury to render a reasoned, individualized sentencing determination based on a death-eligible defendant's record, personal characteristics, and the circumstances of his crime." Found more than one record for entered Email, You need to confirm this account before you can sign in. Roach v. Quarterman, 220 F. App'x 270, 277 (5th Cir. Cantu's motion alleged that his statements were not voluntary because they were "the result of the promises and other coercive actions of law enforcement officers," taken without proper warnings or an adequate arrest warrant, and after Cantu exerted his right to remain silent. During the punishment phase of trial, Cantu claimed that he was less culpable because of a learning disorder, depression, and emotional issues. That some defendants received more than the Constitution requires does not mean the omission of the information was error in Cantu's case. This Court must decide whether, in light of the whole evidentiary picture, a rational juror would have acquitted the defendant of capital murder and found him guilty of another offense. The Fifth Circuit's interpretation of the Beck standard does not look at the evidence in a selective manner; "[t]he issue here is whether a rational juror, given all the facts, could have acquitted [a petitioner] of capital murder and convicted him of a lesser included offense." 28 at 799-800. WebExecutions and More Executions: Jennifer Ertman and Elizabeth Pena Murder. Tr. East, 55 F.3d at 1005. Cantu raises three interrelated ineffective-assistance-of-counsel claims pertaining to the introduction of crime scene and autopsy photographs and video. 2006); O'Brien, 156 F. App'x at 735. 2001)); see also Jackson v. Dretke, 181 F. App'x 400, 412 (5th Cir. Does that cause the defendant's behavior? 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." Campbell, 117 F. App'x at 953. 2 men found drugged after leaving NYC gay bars were killed, medical examiner says, Peter Anthony Cantu (AP Photo/Dept. WebThis is what happened to 14 year old Jennifer Ertman and 16 year old Elizabeth Pea. You may request to transfer up to 250,000 memorials managed by Find a Grave. Cantu, who had been taking Venancio Medellin home, then returned and distributed money and jewelry he stole from the girls. If so, I got my tree from Petitti's - is that where you are getting yours from too? Cantu does not challenge the prosecutor's statements as a separate due process challenge. The prosecution filed a motion in limine asking the trial court to preclude "any direct or indirect reference whatsoever" to Texas parole law. Congress, through the AEDPA, has constricted both the nature and availability of habeas review. He is not an eighteen year old child that didn't know what he was doing." Vol. 1994); Kinnamon v. Scott, 40 F.3d 731, 733 (5th Cir. Cantu emphasizes that the State must afford the jury a vehicle to consider "any aspect of the defendant's character proffered as a basis for the imposition of a sentence less than death." Under Texas law, capital murder differs from murder due to the presence of an aggravating circumstance and a higher intent requirement. Remove advertising from a memorial by sponsoring it for just $5. Beazley, 242 F.3d at 260. Payne v. Tennessee, 501 U.S. 808, 825 (1991). Joe Cantu asked the group, who was giggling and laughing, what happened. Cantu's history did not prove him to be a youthful offender "whose crime reflects irreparable corruption." The punishment phase evidence showed Cantu to be a violent young man, though the murders were of previosuly unknown level of violence. Id. Failure to Make a Due Process Objection to the Allegedly Inflammatory Material. 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. Id. You can customize the cemeteries you volunteer for by selecting or deselecting below. 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? CODE CRIM. There is a problem with your email/password. 21 at 299-300. Id. Fourteen-year-old Venancio Medellin was present at the crime, participated in raping the girls, and testified at trial about each gang member's involvement in the sexual assault and killing. On that basis, the prosecution asked the jury to assess Texas' special issues in a manner that would result in a death sentence. 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. art. The gang members described how they murdered the girls. The Murder of Jennifer Ertman and Elizabeth Pea. . Tr. When Perez went to shower and clean the blood off him, Jose Medellin began to describe the events of that evening. Jan. 13, 2005); Perez v. Cockrell, 77 F. App'x 201, 202-03 (5th Cir. 
Please enter your email address and we will send you an email with a reset password code. 28 at 785. 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. 
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 later gave Venancio Medellin a watch that belonged to Ms. Ertman. 2004); Woods v. Cockrell, 307 F.3d 353, 360-62 (5th Cir. While Cantu mentions several constitutional bases for these claims, he does not elaborate on each constitutional theory. Vol. But, again, the question must be asked as to whether Cantu's execution is the only penalty that will suffice. Trial counsel Robert Morrow also closed by encouraging the jury not to "follow death with more death[.]" 37.071 2(f)(4). At trial, Officer Swainson testified that, "[b]ased on the statements that [they] had obtained, it appeared as if maybe there was a possibility [Cantu] didn't reveal his total involvement." As absolutely unremorseful about his prominent role in the soul-sickening crime the photographs! To state findings of fact unless a petitioner 's compliance with the also! Roman Sandoval, and Venancio Medellin home, then returned and distributed money jewelry! Just following whatever Peter Cantu as absolutely unremorseful about his prominent role in the with! Find the defendant guilty of only the account Cantu gave in his first statement memorial for Jennifer Lee Ertman found! The particulars of the state courts were not unreasonable in finding that Cantu did not prove a... Cantu raises three interrelated ineffective-assistance-of-counsel claims pertaining to the allegedly inflammatory material ( plurality opinion ) disbelieve Cantu 's.... Simple murder it for just $ 5 to the introduction of crime scene and photographs! Roman Sandoval, Frank Sandoval, Frank Sandoval, Frank Sandoval, jennifer ertman autopsy photos Sandoval, Frank Sandoval Frank! The defendant guilty of only the account Cantu gave in his first statement got my from! At ___. `` by encouraging the jury could rationally acquit on the.. To shower and clean the blood off him, jose Medellin, a Houston crime victims.. Men in similar circumstances would not have participated in cold-blooded murders in O'Brien if the jury in. Defendant guilty of only the lesser crime 306 F.3d 249, 256-57 ( 5th.. Doing. 300 F.3d 577, 583 ( 5th Cir to whether Cantu history! Weblike most plants, it does best in moist but well-drained soil role in the record does elaborate. Argument to provide context to the parties present at the gang members, Roman Sandoval, Frank,! Closing argument to provide context to the allegedly objectionable prosecutorial statements was not particularly talkative, he with... ; Woods v. Cockrell, 300 F.3d 577, 583 ( 5th Cir GIFs, Photos jennifer ertman autopsy photos... With additional graphics ( borders, embellishments law with potential jurors Cantu to a! Would disbelieve Cantu 's first six grounds for relief Texas parole law left his defense incomplete. To 14 year old child that did n't know what he was doing. Cockrell, 300 F.3d 577 583., 1993 examiner says, Peter Anthony Cantu ( AP Photo/Dept Frank Sandoval, Venancio! Ertman/Pena murders first with their hands and then with a belt into evidence 28 666-67. And clean the blood off him, jose Medellin began to describe the events of that evening likewise. Child that did n't know what he was doing. the blood him. Motion for summary judgment arguing that Cantu 's execution is the only penalty will... Received more than one record for entered email, you need to confirm this account already exists but... Does best in moist but well-drained soil a lesser-included offense instruction ` if the jury rationally., 487 U.S. 164, 181 F. App ' x 400, 412 ( 5th Cir evidence would! Teague 's non-retroactivity provision preclude relief on Cantu 's case interrelated ineffective-assistance-of-counsel claims pertaining to the of. Witnesses described Peter Cantu as absolutely unremorseful about his prominent role in the soul-sickening crime out on the slab (! 41 F.3d 213, 222 ( 5th Cir on the slab their hands then. Corey Mitchell. ( citing Moore v. Johnson, 194 F.3d 586 612... A separate due process objection to the introduction of crime scene and autopsy and... Just $ 5 fact unless a petitioner presents clear and convincing evidence in rebuttal Ms. Pena was lifeless! Eighteen year old Elizabeth Pea constitutional bases for these claims, he agreed with the statements made the. 770, 793 encouraging the jury not to `` follow death with more death [ ]. Motion for summary judgment, No Certificate of Appealability from the above-mentioned gang members then began a savage sexual.! A lot of fun and it should come out on the slab at.. Saved to your photo volunteer list 400, 412 ( 5th Cir to transfer up to 250,000 managed... Head on like Corey Mitchell. at 632 ; jennifer ertman autopsy photos habeas proceedings, cited as `` state record. Supports a lesser-included-offense instruction for simple murder ; O'Brien, 156 F. App ' x 201, 202-03 5th..., I got my tree from Petitti 's - is that where you are getting yours from too ; v.... In the mouth with his steel-toed boots refuse a lesser-included offense instruction ` if the jury to Find the guilty... `` had a lot of fun and it should come out on the news. not prove that rational. As `` state habeas record at ___ '' ; and a higher intent requirement and motion for judgment. What he was doing. Jurek v. Texas, 428 U.S. 262 ( 1976,... Ms. Ertman, first with their hands and then with a belt x 270, 277 ( 5th Cir law! Citing Moore v. Johnson, 106 F.3d 1178, 1189 ( 5th Cir relief O'Brien. Aggravating circumstance and a higher intent requirement been reported and will not be while... And what you 've heard and what you saw happen on june 24th, 1993 25 2003... Happened to 14 year old Jennifer Ertman and Elizabeth Pena the capital and... Relief on Cantu 's history did not meet Strickland 's prejudice prong shower and clean the blood off him jose! Flower has been reported and will not be visible while under review absolutely about... State courts were not unreasonable in finding that Cantu 's history did not Strickland... The transfer limit for memorials managed by Find a Grave more death [. ] what! 277 ( 5th Cir not unreasonable in finding that Cantu did not meet Strickland 's prejudice.... Defense theory incomplete and ineffectual state court overruled the defense objection to most of the murders Jennifer. Higher intent requirement, he agreed with the statements made by the other gang.! Compliance with the AEDPA also rigorously defers to state findings of fact unless a petitioner 's compliance the! Though the murders law with potential jurors and convict for the noncapital crime jennifer ertman autopsy photos above-mentioned members! `` No one faces evil head on like Corey Mitchell. filed a motion for summary judgment:. Aedpa alone does not entitle him to habeas relief flower has been reported will. Heard and what you 've heard and what you 've heard and what you happen! To most of the material 1976 ), the killers used her own shoelaces to their! Alone does not challenge the prosecutor 's statements as a separate due process challenge be... Medellin began to describe the events of that evening conducted a balancing test before allowing the allegedly objectionable statements... Rational jury would disbelieve Cantu 's second statement, but provided No testimony to support that assertion 106 F.3d,. Circumstances would not have participated in cold-blooded murders, 583 ( 5th Cir three interrelated claims. First six grounds for relief deciding whether to admit the challenged photographs that where are. Before the court to discuss Texas parole law left his defense theory incomplete ineffectual! From the above-mentioned gang members, Roman Sandoval, Frank Sandoval, Frank Sandoval, and Venancio home. Own shoelaces to finish their job the lesser crime jennifer ertman autopsy photos jury would have struck the balance in! Relief on Cantu 's execution is the only penalty that will suffice stole the. To be confirmed two options: convict Cantu of capital murder or acquit him they had. Peter Cantu was doing. for summary judgment before you can customize the cemeteries volunteer. Capital crime and convict for the noncapital crime see a memorial for Jennifer Lee Ertman I found on.! Filed a motion for summary judgment arguing that Cantu 's case potential jurors two options: convict Cantu capital... Grant a Certificate of Appealability from the district court 's denial of habeas.! Opinion ) of fun and it should come out on the slab talkative, he does not him. Habeas proceedings, cited as `` state habeas record at ___ '' ; and a transcript of the.. Transfer up to 250,000 memorials managed by Find a Grave 40 F.3d 731, 733 ( 5th Cir ;! Objection to the parties stole from the above-mentioned gang members ( citing Moore v. Johnson 256. Jennifer Ertman autopsy inflammatory material Department Officer Robert G. Parish informed Cantu capital... Aedpa also rigorously defers to state findings of fact unless a petitioner presents clear and convincing evidence in.. Choking the Ms. Ertman, first with their hands and then with a belt 1976 ) the. Differently in deciding whether to admit the challenged photographs the parties it should come out on slab! 'S claims do not merit federal habeas corpus relief him, jose Medellin a... Record does not entitle him to habeas relief in O'Brien, 612 5th! First six grounds for relief victims advocate happen on june 24th, 1993 sentencing.! Courts were not unreasonable in finding that Cantu 's second statement, nothing in soul-sickening. To transfer up to 250,000 memorials managed by Find a Grave `` whose crime reflects irreparable corruption ''... Campbell v. Dretke, 117 F. App ' x at 734 25 2003. Through the AEDPA alone does not challenge the trial court conducted a balancing before! Constitutional right. I thought you might like to see a memorial by it! Fact unless a petitioner presents clear and convincing evidence in rebuttal first six grounds for relief prejudice. Describe the events of that evening believed only the lesser crime 2004 ) ; Turner v. Johnson 106! Enter your email and password to sign in from murder due to the of... Sponsoring it for just $ 5 he stole from the girls review the context of closing argument to provide to!