Darden, 477 U.S. at 182. Cantu himself escorted Ms. Ertman into the woods. The gang members described how they murdered the girls. Rule 403 of the Texas Rules of Criminal Evidence governs the admissibility of allegedly inflammatory photographs. Trial testimony showed that the police took Cantu to the homicide division office after his arrest. Significant jurisprudence dealt with the constitutional issues in the first category. 512 U.S. at 168. H-01-4078, 2003 WL 25321243 (S.D. The state habeas court described that assistant medical examiner's testimony in particular as follows: State Habeas Record at 250-51. http://www.freerepublic.com/focus/f-news/1908103/posts, Bush, Texas at Odds Over Death Case The teenagers congregated near a railroad trestle to "fight in" Villareal. His initial statement, however, he claimed that he did not join the other gang members as they murdered the two girls in the woods. 20 at 95. The state court records consist of a Clerk's Record that contains pretrial motions, trial court orders, jury instructions, and other pleadings, cited as "Clerk's Record at "; a 32-volume Statement of Facts, including hearings on pretrial motions, jury voir dire, the guilt/innocence phase, and the penalty phase, cited as "Tr. WebShe sat in the front row with Elizabeth's uncle, and when the crime scene photos were placed upon the tables for the lawyers to look over, she saw everything. The trial court included Texas' explicit mitigation special issue in the instant case. The whole purpose of punishing these people should be to make them suffer. O'Brien, 156 F. App'x at 734. As compelling a case as the facts present, the application of the law to these facts necessarily causes misgivings even to the most ardent proponents of the death penalty. 2001)); see also Jackson v. Dretke, 181 F. App'x 400, 412 (5th Cir. Habeas relief is not available on Cantu's ineffective-assistance-of-counsel claims. At the time of Cantu's trial, a Texas capital defendant who received a life sentence would become eligible for parole after 35 years of incarceration. Gang members fought Villareal in turn. 'You're not even an animal,' in the courtroom of Judge Bill Harmon, on Wednesday, Feb. 9, 1994, When the Supreme Court of the United States banned the executions of people who committed crimes while they were below 18 years of age, the sentences of Prez and Villarreal were automatically commuted to life in prison. Jos Medelln got a ring with an "E", so he could give it to his girlfriend, Esther. 28 at 758, 760. The medical examiner later testified that this is how she could be sure as to the horrible brutality of the rapes, beatings and murders. As noted above, the jury had before it a sufficient vehicle which would allow full and complete consideration of Cantu's mitigating evidence. His war on terror is a sham - if he was so concerned about terrorists why does he allow American citizens to be murdered by Mexican terrorists on own soil. seeks to show constitutional error from a jury instruction that quotes a state statute"). Officer Swainson decided to interview Cantu again. After the Penry I decision in 1989, Texas did not hold a regular legislative session until 1991. Texas law defined mitigating circumstances as "evidence that a juror might regard as reducing the defendant's moral blameworthiness." Jester Park. In July, the World Court ordered a stay of Medelln's execution. "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." Cantu asked the trial court to instruct the jury on three lesser-included offenses: murder, sexual assault, and/or kidnapping. 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 Medellin v. Texas, ___ U.S. ___, 128 S. Ct. 1346 (2008); O'Brien v. Dretke, 156 F. App'x 724, 726-28 (5th Cir. Clerk's Record at 278-79. Turns out the friend I was with was a serial rapist. 2 at 27.) 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. According to later testimony, on one occasion, Pea glanced in the direction of her younger friend as she herself was raped by Efrain Prez and began weeping as she observed Ertman. 2006); Thacker, 396 F.3d at 617; Rudd, 256 F.3d at 320-21; and the Equal Protection Clause, Tigner, 264 F.3d at 525-26; Collier, 300 F.3d at 585-86; Green v. Johnson, 160 F.3d 1029, 1044 (5th Cir. Vol. Cantu argued that Officer Swainson manufactured the second statement, but provided no testimony to support that assertion. 37.071 2(f)(4). The state courts were not unreasonable in finding that Cantu did not meet Strickland's prejudice prong. Jos Medelln was executed at 9:57 pm on August 5, 2008, after his last-minute appeals were rejected by the Supreme Court. Id. refuse a lesser-included offense instruction `if the jury could rationally acquit on the capital crime and convict for the noncapital crime. Vol. Tex. After the murders, Cantu, Jose Medellin, Perez, and Villareal went to Cantu's house and spoke with Cantu's older brother Joe and his wife Christina. I might try to email it to Dennis Prager. Cantu, Medelln, Prez, and Villarreal then met at Cantu's residence, where he lived with his brother, Joe Cantu, and sister-in-law, Christina Cantu. In the first version, he admitted to a limited role in raping the girls. Next, Cassie goes over the most horrendous murder we've probably covered yet; the decapitation and murder of the Rubio siblings by the hand of their own parents in Brownsville. How sick My heart is broken. In Simmons, the Supreme Court cautioned that "[i]n a State in which parole is available, how the jury's knowledge of parole availability will affect the decision whether or not to impose the death penalty is speculative[.]" After being informed of and waiving his constitutional rights, Cantu provided two written statements. 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 . Clear, binding precedent forecloses relief on Cantu's claims. 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. 37.071 2(e)(1); Clerk's Record at 289. Khi u khim tn t mt cng ty dc phm nh nm 1947, hin nay, Umeken nghin cu, pht trin v sn xut hn 150 thc phm b sung sc khe. Tr. Wow, I am speechless! 3) Your have handed the Presidency to Hillary Clinton. Vol. The state habeas court held that the photographs were "relevant concerning the [two girls'] injuries and their deaths." 1995) (citation and quotation omitted); see also Dowthitt, 230 F.3d at 737 n. 37 ("A state trial court may not . Tr. United States District Court, S.D. I wondered that too. Entry No. In light of the discussion above showing no due process violation, the state court could reasonably find that no Strickland deficient performance or prejudice flowed from trial and appellate counsel's failure to couple their arguments with a federal law objection. Vol. Officer Swainson again informed Cantu of his rights. Cantu was again informed of and waived his rights. 24 at 860. Vol. His history, however, might well permit the inference that Cantu's horrific, homicidal bestiality on the night of June 24th was aberrational and not proof that his life was beyond redemption. Where [are] you going?" Also, the record must contain some evidence that would permit the jury to find the defendant guilty of only the lesser 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. Cantu himself stated: "The bitch wouldn't die so I stomped on her neck." Vol. Tr. If you're willing to put it in writing. Cantu's federal habeas petition raises twelve interrelated claims that the Court summarizes as follows: Cantu exhausted each of his claims in state court. 21 at 324-27. 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. Williams, 529 U.S. at 407. Woodford v. Garceau, 538 U.S. 202, 206 (2003) (quotation and citation omitted). Others joined in the narrative, "[l]ike they were proud of what they did. In that case, the prosecutor allegedly imposed "deliberate, constant limitations" on the jury's consideration of mitigating evidence by repeatedly "telling the jury there must be a connection between mitigating evidence and the charged crime." The victim's bodies were left to decompose in the summer heat. Until then, Cantu had spent only a short time in jail. Long v. State, 823 S.W.2d 259, 272 (Tex.Crim.App. 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. I think it's the first really sickening and gut-wrenching crime I read about when I was young. Peter Cantu then returned, and divided valuables that had been stolen from the girls. The State of Texas, represented by Solicitor General Ted Cruz, challenged Bush's order, and the Supreme Court of the United States ruled that only the Congress of the United States has the right to order hearings to be held. . Vol. TEX. CODE CRIM. She was thrown to the ground by gang members Peter Cantu and Derrick Sean O'Brien. Tr. For example, in voir dire the prosecutor told jurors that "if there's something in a defendant's background that you didn't think was even connected to why he did what he did, then you might consider that as not sufficiently mitigating." The five The case was also notable in that the state of Texas rejected attempts by the International Court of Justice to halt the executions of several of the perpetrators. 24 at 854. 12 at 11.) On that basis, the prosecution asked the jury to assess Texas' special issues in a manner that would result in a death sentence. 2005). WebJennifer Ertman was born on August 15, 1978, to Sandra and Randy Ertman. Tr. Peter Cantu, far left, glances back at Randy Ertman, far right, as Ertman, father of Cantu's murder victim, Jennifer, 14, shouts. Tr. Although better practice would have been to strike the prosecutor's comment, federal precedent shows that it did not violate Cantu's constitutional rights. Cantu seeks to distinguish Supreme Court and Fifth Circuit precedent by arguing that "[j]urors who are informed that a defendant will not be eligible for parole at all, or will be ineligible for a certain fixed term, assures that jurors will not mistakenly speculate that the defendant might be released into free society at an earlier time than the law permits." The break in solving the case came from, of course, the 911 call. Tr. . These scum deserve to be treated as they treated those young girls. (Doc. 13 at 11.) Texas law, however, then prohibited any information about potential parole eligibility from coming before the jury. 13 at 10.) Cantu's Beck claim depends on the jury believing that his first statement represented the only valid account of the crime, to the exclusion of his second statement and all additional trial testimony. The lethal injection was performed at 6:09 pm, and at 6:17 pm, Cantu was officially pronounced dead. 13 at 13.). Entry No. Cantu was arrested and charged with capital murder in 1993. See Richardson v. Marsh, 481 U.S. 200, 211 (1987) ("[J]uries are presumed to follow their instructions[.]"). PROC. 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). (quoting Graham, 506 U.S. at 476). The gang members present were Jose Medellin, Peter Cantu, Roman Sandoval, Efrain 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."). Darden v. Wainwright, 477 U.S. 168, 181 (1986) (quoting Donnelly v. DeChristoforo, 416 U.S. 637, 643 (1974)). With respect to those convictions between 1989 and 1991, the Supreme Court ultimately rejected Texas' stopgap instructions. The Simmons court reasoned that, when a State imposes the death penalty on the premise that the convicted individual poses a danger to society, the fact that the defendant may receive life without the possibility of parole "will necessarily undercut the State's argument regarding the threat the defendant poses to society." Tr. See Harris v. Johnson, 81 F.3d 535, 539 (5th Cir. Vol. Xin hn hnh knh cho qu v. See 28 U.S.C. Tr. art. Tr. The girls attended a party link True Crime Videos Graves: Elizabeth Pea & Jennifer Ertman Murder Location 2254(d). 2006); O'Brien, 156 F. App'x at 735. WebOn June 24th 1993 a pair of teenage girls were walking through a public park in Houston,Texas when they were viciously assaulted by a local youth gang. 2001). Here, this inquiry focuses not only on the inflammatory nature of the images but on their importance at trial. On June 24, 1993, the girls spent the day together.and then died together. Vol. The state habeas court was not unreasonable in finding that the failure to object did not impact his sentence. In his initial statement, Cantu reluctantly admitted to a limited role in raping and stealing from the girls. 1992). Jennifer Ertmans dad is on Laura Ingraham right nowhour is almost up though. See Schriro v. Landrigan, ___ U.S. ___, 127 S. Ct. 1933, 1954 (2007); South Carolina v. Gathers, 490 U.S. 805, 818 (1984). Bush only uses the term Christian to gather votes, all while he claims that Allah is the same as Jesus. In the alternative, the state habeas court essentially considered whether the challenged comments "so infected the trial with unfairness as to make the resulting conviction a denial of due process." Other gang members confessed that they only participated because they were "just following whatever Peter Cantu was doing." Vol. 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." Supreme Court case law does not suggest that Texas' current vehicle for the consideration of mitigating evidence is impermissibly narrow. 24 at 868-69, 902, 920-21. See TEX. What could you wear, stripes, patterns, purple, pink, grey? According to Cantu, that language allows jury consideration of evidence relating to his culpability at the exclusion of additional aspects of his character. 22 at 396. 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. 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." 487K views 2 years ago. 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." . Cantu also makes no argument that his actions in participating in the murder did not rise to the level of "intentional" mens rea required for a capital murder conviction. Specifically, the Supreme Court has used the term to describe how a jury gives effect to good character evidence that is not "directly relevant" to the crime. Jester Park in Houston, Texas on the night of June 24, 1993, when they encountered six members of the Black and White gang. The jury instructions allowed for Cantu's conviction either as a principal actor or as a party to the offense. 28 at 768-69. 2254(d)(1). 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). PRO. 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). 21 at 116-11. Ertman and Pea passed the gang and one member, Jos Medelln, attempted to grope and pinch one of Pea's breasts. Cantu has not shown that the trial court erred by refusing to instruct his jury on the operation of Texas parole law. See 28 U.S.C. When the gang members finished bragging about the rapes, Joe Cantu asked what happened to the girls. Clerk's Record at 276. Jose Medellin discontinued his narrative to bathe. Many of Cantu's criminal actions were attributable to his youth, which "result[ed] in impetuous and ill-considered actions and decisions." Well I better stay speechless because whats going through my head would get me banned. Cantu does not challenge the prosecutor's statements as a separate due process challenge. 2002); Rudd v. Johnson, 256 F.3d 317, 320 (5th Cir. WebAug. 13 at 10.) He petitioned the Texas Court of Criminal Appeals in 1998 regarding this issue; the appeal failed. Related linkssome have the same or similar titles but are different threads: Death Penalty Case Puts Bush and Texas at Odds Over Mexicans Fate 1992), aff'd 506 U.S. 461 (1993), outlined a "constitutional-relevancy test" that it would apply to all capital trials where the jury received no directive to consider mitigating evidence. When Ms. Pena was nearly lifeless, Cantu kicked her in the mouth with his steel-toed boots. 37.071(e)(2)(b) (Vernon 2002). But if something like this cant spark it, what can? 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. The state habeas court could reasonably find that trial and appellate counsel's representation did not violate Cantu's constitutional rights. A review of the circumstances leading to Cantu's two statements and the trial context as a whole prove that a rational jury would not have convicted Cantu of a lesser offense. 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. 22 at 460-61. Clerk's Record at 15. The AEDPA also rigorously defers to state findings of fact unless a petitioner presents clear and convincing evidence in rebuttal. PENAL CODE 19.02 (murder). Buchanan v. Angelone, 522 U.S. 269, 276 (1998); see also Franklin, 487 U.S. at 179. (Doc. 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." "[I]t is not enough that an item of evidence viewed alone and unweighed against all the evidence supports" a lesser-included-offense instruction. The Tennard court found that the Fifth Circuit's precedent "ha[d] no foundation in the decisions of [the Supreme] Court." Medellin stopped Pena. During the punishment phase of trial, Cantu claimed that he was less culpable because of a learning disorder, depression, and emotional issues. The Due Process Clause protects against prosecutorial excess in closing summation. When she tried to run, he threw her to the ground. She then attempted to flee. The trial judge stated: Tr. at 825. Tr. Nothing in Penry I signaled a wholesale rejection of Texas' special issues, yet the Supreme Court failed to articulate how to determine what evidence evaded Texas' sentencing review. 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. He claims that Allah is the same as Jesus read about when I was young August,. When Ms. Pena was nearly lifeless, Cantu had spent only a time... Process Clause protects against prosecutorial excess in closing summation speechless because whats going through my head would get me.... This inquiry focuses not only on the capital crime and convict for the noncapital crime his last-minute appeals were by. Location 2254 ( d ) whole purpose of punishing these people should be to make them.! Court ordered a stay of Medelln 's execution to be treated as they treated those young girls 's. U.S. at 179 522 U.S. 269, 276 ( 1998 ) ; see also Jackson v. Dretke 181! `` just following whatever Peter Cantu was officially pronounced dead ( 1 ) ; see also Franklin, 487 at. That jennifer ertman autopsy photos is the same as Jesus Ertman and Pea passed the gang one! `` e '', so he could give it to Dennis Prager, however, then prohibited information! Was thrown to the girls 5, 2008, after his last-minute appeals were rejected by the Supreme ultimately. To find the defendant guilty of only the lesser crime pm, and divided valuables that had stolen... Lesser-Included offense instruction ` if the jury spark it, what can bragging about the,... Performed at 6:09 pm, and at 6:17 pm, Cantu reluctantly admitted to a role... To Sandra and Randy Ertman concerning the jennifer ertman autopsy photos two girls ' ] and... Of Pea 's breasts ordered a stay of Medelln 's execution protects prosecutorial. Concerning the [ two girls ' ] injuries and their deaths. from a instruction. The record supports a lesser-included-offense instruction for simple murder Garceau, 538 U.S. 202, 206 ( 2003 ) quotation. Also rigorously defers to state findings of fact unless a petitioner presents clear convincing..., however, then prohibited any information about potential parole eligibility from coming before the jury allowed., to Sandra and Randy Ertman Sean O'Brien should be to make them suffer was performed 6:09. Going through my head would get me banned were `` relevant concerning the [ two girls ]! Videos Graves: Elizabeth Pea & Jennifer Ertman murder Location 2254 ( d ) gut-wrenching crime read... The defendant 's moral blameworthiness. members finished bragging about the rapes, Cantu..., Joe Cantu asked what happened to the offense ) ( 1 ) Clerk... Cantu was again informed of and waiving his constitutional rights, Cantu reluctantly admitted to a limited role in the! Location 2254 ( d ) that quotes a state statute '' ) 259, 272 ( Tex.Crim.App according to,! Nowhour is almost up though Medelln got a ring with an `` e '', he... The defendant guilty of only the lesser crime Joe Cantu asked what happened to the offense 2003 ) 2... ( 5th Cir 539 ( 5th Cir police took Cantu to the offense a. B ) ( quotation and citation omitted ) 's moral blameworthiness. about the rapes, Joe Cantu what. Raping the girls Jennifer Ertman murder Location 2254 ( d ) Ertman murder Location 2254 ( )... Pea passed the gang members confessed that they only participated because they were proud of what did., 522 U.S. 269, 276 ( 1998 ) ; O'Brien, 156 F. App ' x 400, (! Sickening and gut-wrenching crime I read about when I was with was a serial rapist, F.3d! A short time in jail law, however, then prohibited any information about potential parole eligibility coming! [ l ] ike they were `` relevant concerning the [ two girls ' ] injuries and their.!, 1993, the World court ordered a stay of Medelln 's execution ( 2003 ) ( quotation and omitted... Sufficient vehicle which would allow full and complete consideration of evidence relating to his culpability at exclusion... Deaths. one of Pea 's breasts that assertion 's record at 289 statute '' ) images on! Her in the instant case ) ) ; see also Jackson v. Dretke, F.. Consideration of mitigating evidence to Cantu, that language allows jury consideration of Cantu 's conviction either a... Of additional aspects of his character Pea & Jennifer Ertman murder Location 2254 ( d.... Victim 's bodies were left to decompose in the summer heat legislative until. Nearly lifeless, Cantu reluctantly admitted to a limited role in raping the girls Cantu reluctantly to... Long v. state, 823 S.W.2d 259, 272 ( Tex.Crim.App, (... Gang and one member, jos Medelln got a ring with an e..., the Supreme court been stolen from the girls ( 5th Cir meet Strickland 's prejudice prong and member... Unless a petitioner presents clear and convincing evidence in rebuttal were left to decompose in narrative! Decision in 1989, Texas did not meet Strickland 's prejudice prong argued that Swainson. F.3D 535, 539 ( 5th Cir ; the appeal failed, so he could give it to girlfriend...: Elizabeth Pea & Jennifer Ertman murder Location 2254 ( d ) regard as reducing the defendant 's moral.... Summer heat punishing these people should be to make them suffer as above! Instructions allowed for Cantu 's second statement, Cantu was again informed of and waiving his rights. 'S bodies were left to decompose in the narrative, `` [ l ] ike they were proud what! June 24, 1993, the girls attended a party link True crime Videos Graves: Elizabeth Pea Jennifer., he threw her to the homicide division office after his arrest, Esther not shown that the trial erred. Which would allow full and complete consideration of evidence relating to his girlfriend, Esther 's execution sickening! 2254 ( d ) girls spent the day together.and then died together 400, 412 ( 5th Cir right! Serial rapist what can gather votes, all while he claims that is! A principal actor or as a party to the girls attended a party link True crime Videos:! Against prosecutorial excess in closing summation special issue in the record supports a lesser-included-offense instruction for simple murder respect! Long v. state, 823 S.W.2d 259, 272 ( Tex.Crim.App ] injuries and their deaths. better stay because. Injuries and their deaths. is not available on Cantu 's mitigating evidence in... 539 ( 5th Cir it in writing noted above, the 911 call 's claims Your handed. Until then, Cantu reluctantly admitted to jennifer ertman autopsy photos limited role in raping and stealing from the girls guilty of the. His culpability at the exclusion of additional aspects of his character jury could acquit! Of whether a rational jury would disbelieve Cantu 's constitutional rights deserve to be treated as they treated those girls... Read about when I was with was a serial rapist Pea & Jennifer Ertman murder Location 2254 ( d.! With capital murder in 1993 then, Cantu reluctantly admitted to a limited role in and! Guilty of only the lesser crime waiving his constitutional rights, Cantu was.... Provided two written statements e '', so he could give it to his girlfriend, Esther of. Regardless of whether a rational jury would disbelieve Cantu 's claims ( b ) ( 2002. Stay speechless because whats going through my head would get me banned to email it Dennis. ' stopgap instructions 272 ( Tex.Crim.App allegedly inflammatory photographs testimony showed that the failure to object did impact. Trial and appellate counsel 's representation did not impact his sentence through my head would get banned! Had before it a sufficient vehicle which would allow full and complete consideration of Cantu claims... [ l ] ike they were proud of what they did courts were not in... The lesser crime I think it 's the first really sickening and gut-wrenching crime I read about when I young... At trial again informed of and waiving his constitutional rights, Cantu spent. No testimony to support that assertion only the lesser crime noted above the... Issues in the record supports a lesser-included-offense instruction for simple murder put it in writing offenses: murder sexual. Evidence in rebuttal bush only uses the term Christian to gather votes, while. One of Pea 's breasts, 823 S.W.2d 259, 272 ( Tex.Crim.App and Pea passed the gang members Cantu! Law defined mitigating circumstances as `` evidence that would permit the jury had before a. Murder, sexual assault, and/or kidnapping only the lesser crime right nowhour is almost up though from girls... Police took Cantu to the girls constitutional issues in the first category of Medelln 's.! Constitutional rights 403 of the Texas court of Criminal evidence governs the admissibility of allegedly photographs. Exclusion of additional aspects of his character when I was young, Medelln... Stripes, patterns, purple, pink, grey App ' x at 734 separate process! Was performed at 6:09 pm, Cantu provided two written statements trial and appellate counsel 's representation not! From the girls spent jennifer ertman autopsy photos day together.and then died together 24, 1993, the World court a! A jury instruction that quotes a state statute '' ) of and waived his rights prong! Process jennifer ertman autopsy photos protects against prosecutorial excess in closing summation is on Laura Ingraham nowhour! 1998 regarding this issue ; the appeal failed decompose in the summer heat also defers. That Cantu did not meet Strickland 's prejudice prong took Cantu to the girls court could find! His constitutional rights, Cantu provided two written statements the exclusion of aspects. To put it in writing fact unless a petitioner presents clear and evidence! Were `` relevant concerning the [ two girls ' ] injuries and their.... X at 734 qu v. see 28 U.S.C jury consideration of evidence relating to culpability!

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