2630, 2639, 129 L.Ed.2d 750 (1994). 2934, 106 L.Ed.2d 256 (1989). A rational jury could not have concluded otherwise. Testimony showed that Jenny had gotten free and could have run away but returned to Elizabeth when she cried out for Jenny to help her. Barnes, supra. 1/29/97 -- The Texas Court of Criminal Appeals affirmed Cantus verdict and sentence. Valerie Nicole.
denied, 516 U.S. 843, 116 S.Ct.
BCSO spokesman Roseanne Hughes said deputies were serving a warrant in the area and noticed the BMW speeding away from the scene. Failure To Object To Prosecution's Argument. Derrick Sean O'Brien was executed in July 2006.
Munoz allegedly stole more than 100 beers, along with cigarettes and rolling paper at a Valero Corner Store in the 1200 block of Probandt Street, according to an arrest warrant affidavit. Point of error forty-three is overruled. Instead, the Code of Criminal Procedure simply requires that the State prove each element of a crime beyond a reasonable doubt, whether the jury believes all of the State's evidence or only part of it. Petitioner Peter Anthony Cantu, a Texas inmate, was convicted of capital murder and sentenced to death.
The law as to mitigation and otherwise comes from the jury charge rather than from argument of counsel. It's not a question of you killing this child. And finally, the prosecution closed by reiterating:
Cantu had left his wallet at . Cantu argues that the latter standard in Neal is too onerous; however, he made no such argument to the district court in his habeas petition. Proc. * that appellant threatened a woman and broke a window at her home;
He married.
1338, 127 L.Ed.2d 686 (1994); Rogers v. State, 853 S.W.2d 29 (Tex.Crim.App.1993). 2937, 124 L.Ed.2d 686 (1993); Gaddis v. State, 753 S.W.2d 396 (Tex.Crim.App.1988). OVERSTREET, Judge, concurring and dissenting. See Darden v. Wainwright, 477 U.S. 168, 181, 106 S.Ct. Find Pete Cantu's phone number, address, and email on Spokeo, the leading people search directory for contact information and public records. WOMACK, J., concurs in the result on points of error five and eight and joins in the remainder of the opinion. 2. The Ertmans and Penas gathered friends and neighbors to help them pass out a huge stack of fliers with the girls' pictures all over the Houston area, even giving them to newspaper vendors on the roadside. Medellin and O'Brian each apologized prior to their respective executions, but Pena said he did not expect an apology from Cantu on his deathbed and he was not surprised when he did not get one. 1676, 95 L.Ed.2d 127 (1987). Affirmed. at 336, 123 S.Ct. (Aug. 17, 2010, 10:41PM). Burial will follow at El Coyote Cemetery in Orange Grove, TX. A belt of the same type that was used to kill Jennifer Ertman was found underneath Patricia's neck. 2950, 49 L.Ed.2d 929 (1976), except to incorporate the dictates of Penry v. Lynaugh, 492 U.S. 302, 109 S.Ct. Appellant's specific complaint seems to be racial discrimination based on the race of the victim in that he notes that appellant is Hispanic and the named victim was white. "He deserved to die, and 17 years later he died.
Appellant was tried under the 1992 version of Article 37.071.FN8 Since appellant has simply made a global argument as to all capital defendants since the 1970's, and has not shown us how his specific rights were violated by application of the statute, his contentions are without merit. Proc. 315 Followers, 680 Following, 22 Posts - See Instagram photos and videos from Pedro Cantu (@pedro_cantu_97) pedro_cantu_97. Capital One Plaza 5718 Westheimer, Suite 1750 701 Brazos, Suite 1500 Houston, Texas 77057 Austin, Texas 78701 Counsel for Defendant [D/Guerra, L.P. Date of Birth: 05/27/75
He does not challenge the sufficiency of the evidence to support the jury's verdict finding him guilty of capital murder. In support of his argument, appellant explains that prior to trial, he filed a Motion to Provide Funds for Expert Assistance-Jury Study. By his motion, appellant proposed that the trial court should provide him funds with which he could hire a scholar who would study a sample of jurors and their understanding of the special punishment issues. Pete Cantu. Moore v. State, supra at 128, 128-09). Appellant then parceled out jewelry and money he had taken from the girls. We object to the out of court statements of these co-defendants that we can't confront and cross examine. Article 36.01, which governs the order of proceeding in trial, states in pertinent part:
2187) (omission and alterations in original).
A new season of Texas Metal will air on November 7, 2018, at 9:00 p.m. EST on Velocity. The families hope to keep him in jail for his entire sentence, of which he has served almost half. Specifically, appellant complains of the following argument:
All data is collected from public records. They were crossing a railroad bridge when the gang, drinking beer and initiating a new member, spotted them. . 5. the defendant's age and personal circumstances at the time of the offense;
After the belt broke, the killers used her own shoelaces to finish their job. SAN ANTONIO A man suspected of stealing an unmarked Bexar County Sheriffs Office cruiser during a chase Tuesday was arrested New Braunfels Wednesday morning. Just prior to that statement, the prosecution set up its argument by asserting that [t]he State has brought to you a lot of evidence to show you what this defendant is like, who he really is. 2/4/09 -- The federal district court denied relief. The prosecutor then asked Martinez if she had written the above cited letter to Perez, to which question she replied that she had. HUNTSVILLE The legal saga that began several days after the horrifying murder of two teenage Houston girls in 1993 came to an end Tuesday night with the execution of Peter Anthony Cantu, a former gang leader who all but ordered the execution of Jennifer Ertman and Elizabeth Pena. Appellant walked in as the rest were recounting their exploits to his older brother and sister-in-law, Joe and Christina Cantu, in graphic detail. We have already addressed this issue and decided it adversely to appellant's position. 36th murderer executed in U.S. in 2010 1224th murderer executed in U.S. since 1976 16th murderer executed in Texas in 2010 . The group then headed towards some nearby railroad tracks. * * *
2529, 96 L.Ed.2d 440 (1987), and left the decision up to the individual states as to whether this sort of evidence is relevant under their own individual punishment schemes. Here, the district court explained, the prosecution introduced the photographs while doing just that-describing the condition of the corpses, explaining the process of identifying the bodies, and verifying the statements made by Cantu and others. Point of error twenty-four is overruled. Cantu Roofing 922 Mildid Ave, San Antonio, TX 78211 Service: Roofing, Home Builders, Additions, Home Theaters, General Contractors Employees: Pedro Cantu (Owner) License: Texas #HR921199 Status: Active City: San Antonio Type: Home Improvement Contractor Verified: Status: Verify Date: February, 2016 Appellant's claimed error could have been corrected easily if he had timely called it to the court's attention by making a contemporaneous objection. Finally, Cantu contends that he received ineffective assistance because his trial counsel failed to object when the prosecution urged the jury to consider the graphic photographs in its sentencing-phase argument. 2464, 91 L.Ed.2d 144 (1986) ([T]he appropriate standard of review for [a claim challenging the prosecution's closing argument] on writ of habeas corpus is the narrow one of due process, and not the broad exercise of supervisory power. (internal quotation marks omitted)). See Article 36.15; Tex.R.App. Point of error nine is overruled. "Parents always worry about their kids, especially their daughters.".
Thus, we deny a COA on this final issue. That evidence, including youth and mental health testimony, may only be considered by you as mitigation of his punishment. Anderson v. State, supra, at 509-10. Nowhere will you find the court instructing you that you have to find any evidence that you've heard in this case mitigating. Height: 5' 06"
), cert. When everyone was finished, Cantu told the boys to take the girls into the woods. Two who were 17 when the girls were killed were spared the death penalty when the U.S. Supreme Court barred execution of people who were under 18 when they committed their crimes. Joe Cantu had watched the group divide the girls small amount of cash and meager possessions and listened to them laugh and brag about the assaults. He was born on June 9, 1980, in Stephenville, Texas to Jesus Cantu, Jr. and Maria Acuna. 81(b)(2). Messages run for up to one year and you As the recitation of the facts set out in the beginning of this opinion shows, the circumstances surrounding this crime were horrendous. Peter Cantu was the self-appointed leader of a gang in Houston that met on the night of June 24, 1993, to initiate a new member, Raul Villareal. He was friendly and never met a stranger. We may issue a COA only if the petitioner makes a substantial showing of the denial of a constitutional right. Id. See Photos. At his sentencing for the Ertman-Pena case, the judge asked Cantu if there was any reason the sentence shouldn't be imposed. Extraneous offenses are only a portion of the evidence a jury is allowed to consider. The boys then began strangling the girls. Both this Court in Hughes, 897 S.W.2d at 294, and the United States Supreme Court in Pulley v. Harris, 465 U.S. 37, 104 S.Ct. denied, 501 U.S. 1259, 111 S.Ct. "He should have been hung outside the courthouse," Ertman said in an interview with The Associated Press. At this point, Roman and Frank Sandoval decided to leave. 65,334-01, 2006 WL 3692646 (Tex.Crim.App. LAST NOTE PRODUCTIONS-Pete Cantu part 2 of 4Elgin's 23rd annual Hogeye Festival elgin Texas 10-23-2010. His second requested charge is also a misstatement of the law in that Penry v. Lynaugh, 492 U.S. 302, 109 S.Ct. The district court recognized that the prosecution's arguments were harsh, but it concluded that the arguments did not render the trial fundamentally unfair. 37.071. However, appellant was also given the statutorily mandated mitigation instruction of Article 37.071 2(e) which provides the jury with just such a vehicle needed to consider and give effect to evidence such as evidence of intoxication which does not rise to the level of temporary insanity. In 1993, six gang members raped, killed, and brutally beat 14-year-old Jennifer Ertman and 16-year-old Elizabeth Pena beyond recognition. He had problems, he was sick, he is sick. 600, 121 L.Ed.2d 537 (1992). denied, 516 U.S. 1021, 116 S.Ct. As a custom automotive shop we strive to serve our customers with the highest quality, most reliable builds in the industry. The crime was committed on or about June 24, 1993. For the following reasons, we decline to issue a COA on any of those issues. In light of the district court's thorough analysis, we cannot say that reasonable jurists would disagree with that determination and, therefore, deny a COA on this issue. Archived from the original on June 2, 2022. She testified that appellant was friendly to her and never mistreated or was disrespectful to her. 2. In related point of error eleven, appellant alleges that the trial court erred in failing to set aside the indictment because the special issues are not properly understood by the jurors. said Gloria Rubac, a death penalty abolitionist. at 49. [THE STATE:] And when he said, yeah, I did that, what was he talking about, Christina?
381, 121 L.Ed.2d 292 (1992); Teague v. State, 864 S.W.2d 505, 519 (Tex.Crim.App.1993); Adanandus v. State, 866 S.W.2d 210, 234 (Tex.Crim.App.1993), cert. "We can say its the end, but its never going to be closure," Adolfo Pena, Elizabeths father, said afterward. 74(f). Well, this is a sanitized and civilized killing that we have for Peter Cantu. With this standard in mind, we turn to Cantu's specific ineffectiveness arguments. Dinkins v. State, 894 S.W.2d 330, 356 (Tex.Crim.App. Deadline Hollywood. 2253, 132 L.Ed.2d 260 (1995). The Texas Court of Criminal Appeals affirmed the conviction and sentence in January 1997. Specifically, appellant requested the following instructions:
In this review, we do not attempt to determine what a particular jury subjectively believed.
[W]hy do you consider mitigation, that's because the courts allow you to individualize the justice. 2023 Holmgreen Mortuary. denied, 512 U.S. 1246, 114 S.Ct. When the police followed this suggestion, they found the badly decaying bodies of Jenny and Elizabeth. The danger of unfair prejudice to a defendant inherent in the introduction of victim impact evidence with respect to a victim not named in the indictment on which he is being tried is unacceptably high.
After reviewing the district court's thoughtful consideration of the issue, we cannot say that reasonable jurists would disagree with its determination that the state court's conclusion was a reasonable application of federal law. The second best result is Peter Cantu age 30s in San Antonio, TX in the Park Village neighborhood.
In his fifth point of error, appellant complains that the trial court erred in overruling his objection to the prosecutor's argument that the jury had to find a nexus between the defense evidence and the crime before they could consider it mitigating. See Tucker v. State, 771 S.W.2d 523, 535 n. 5 (Tex.Crim.App.1988), cert.
He was on the first three seasons of the show, but in the latest one, he's nowhere to be seen. [F]irst, the lesser included offense must be included within the proof necessary to establish the offense charged, and, second, some evidence must exist in the record that would permit a jury rationally to find that if the defendant is guilty, he is guilty only of the lesser offense. The other gang members present were Derrick O'Brien, 18; Jose Medellin, 18; Efrain Perez, 17; and Roman Sandoval. Both wree sexually assaulted by the gang members, beaten, and strangled. 2934, 106 L.Ed.2d 256 (1989) does not require that, if a jury finds evidence to be both mitigating and aggravating, then it should give the evidence only its mitigating weight. Mexican-born Jose Medellin, 33, with needles in his arms, also apologized. We further held in Rey v. State, 897 S.W.2d 333, 337 (Tex.Crim.App.1995), that Ake applies to non-psychiatric experts like pathologists. Prior Prison Record: Cantu is also serving a 10 year sentence in connection with an aggravated asault on a Houston man in January 1993. Work history: Acw Specialties Sheet Metal Worker. However, we affirmed the original holding on appeal. And, finally, in point twenty-seven, appellant alleges that the scheme is unconstitutional as applied in that the future dangerousness issue does not encompass consideration of the act or conduct that formed the basis of conviction in any meaningful or standardized manner. Appellant combines all three of these points into one argument in which he basically alleges that the special issues do nothing to insure that the sentencer's decision was not an act of unbridled discretion.. Point of error forty-five is overruled. Appellant, Peter Anthony Cantu, was charged by indictment with the offense of capital murder for killing Jennifer Ertman in the course of committing or attempting to commit robbery, kidnapping and aggravated sexual assault. Sign Up.
Appellant's thirty-ninth and fortieth points of error are overruled. His knowledge of the crimes came from the killers themselves, most of whom came to his home after the murders, bragging and swapping the jewelry they had stolen from the girls. [WITNESS:] [Appellant], Joe, Junior and Raul. 946, 952 (5th Cir.2004) (emphasis added); cf. McFarland v. State, 845 S.W.2d 824, 844 (Tex.Crim.App.1992), cert. Deputies chased the vehicle until it broke down at F.M. In point of error forty-three, appellant contends that the definition of mitigating evidence in Article 37.071 2(f)(4) makes the article facially unconstitutional because it limits the concept of mitigation to factors that render a capital defendant less morally blameworthy for the commission of the capital murder.
Hence, appellant's point of error thirty is overruled. Jennifer Ertman's dad, Randy Ertman, was about to give an interview regarding the missing girls to a local television reporter when the call came over a cameraman's police scanner that two bodies had been found.
"Two beautiful young girls," Goode says. Point of error five is overruled.
Thus, this evidence is admissible under Texas Criminal Evidence Rule 401. After the initiation concluded, two girls-Jennifer Ertman and Elizabeth Pena-stumbled upon the group. Shoelaces were used to strangle Pena. Ertman made the drive here four years ago for the first execution. The United States District Court for the Southern District of Texas, 2009 WL 275172, denied petition. FN12. Jester Park in Houston to participate in a gang initiation ritual. The jury's finding of guilt satisfied Tison and Enmund. The girls encountered Roman and Frank Sandoval as they made their way home, but managed to pass them without incident. 801(e)(2)(B), as appellant, by his actions and responses, readily agreed with them. Counsel for Defendant D&W Painting, Inc. Richard H. Grafton T. Mark Rogstad Paul Byron Starr WRIGHT & GREENHILL, P.C. County of Offense: Harris
See Sonnier, supra.
Questions Post Question There are no questions yet for this company. Are you going to kill him, because as we told you on voir dire he has a life sentence as soon as you found him guilty.
After unsuccessfully appealing his conviction in state court and failing to obtain state post-conviction relief, Cantu filed a petition for habeas corpus in the United Stated District Court for the Southern District of Texas. * that appellant threatened to kill an officer of the law; and
Jester Park. We have previously addressed and rejected this contention. Maria Cantu Hexsel 221 West 6" Street, Suite 1800 Jennifer Buntz GERMER GERTZ . Point of error thirty-six is overruled. Joe Cantu, brother of ringleader Peter Cantu, whose call to police had led to the arrests in the Ertman/Pena murders, had again contacted authorities and told them that he recalled O'Brien bragging about another murder that occurred before the girls were killed. Article 37.071 2(f)(4) defines mitigating evidence to be evidence that a juror might regard as reducing the defendant's moral blameworthiness. (Emphasis added.) In the portion of the prosecution's argument that Cantu challenges, the prosecution stated:
In Rousseau, 855 S.W.2d at 673, we established a two-prong test to determine whether a defendant is entitled to a charge on a lesser included offense. In his thirty-fifth point of error, appellant complains that the trial court erred in failing to give the jury instructions on the lesser-included offenses of murder, sexual assault, robbery, and kidnapping. The charge given was as follows:
, 45, was charged in the theft of more than $6,400 in sausage from the Kiolbassa Provision Company. Four of the other assailants that night were also convicted of capital murder and sentenced to death. Cantu v. State, 939 S.W.2d 627 (Tex.Crim.App. For the following reasons, we deny a certificate of appealability on all of the issues that he raises. For 24 years, Metal Depot has been serving Southeast Texas with the best quality metal materials for commercial, industrial, and residential needs. Pete Cantu in Texas(TX) found with records in 36 cities. Zimmerman v. State, 881 S.W.2d 360 (Tex.Crim.App. PEDRO CANTU OBITUARY Pedro "Pete" Cantu Jr. passed away at 7:00 AM Tuesday, March 19, 2019 at Our Lady of the Lake Regional Medical Center in Baton Rouge at the age of 63 surrounded by his. Thus, reasonable jurists would not-and have not-disagreed with the district court's resolution of this claim, and we deny a COA as to this issue. Citations:
at 2606-07. denied, 513 U.S. 1021, 115 S.Ct. 1.tu chaparrita 2.mi linda ilusion 3.al cien 4.me aleje de ti 5.acercate (feat.
As that Court stated:
680 following. Pedro Cantu III, 30, had been driving a BMW near Jenny and Villa Drives around 10:30 a.m. when police attempted to pull him over, according to the Sheriff's Office. 4/19/10 -- The U.S. Supreme Court denied Cantus petition for certiorari review. 17. [THE STATE:] And did they talk about having anal intercourse with the girls in front of [appellant]? There is no evidence that must be viewed by a juror as being per se mitigating. Second, he argues that his trial counsel rendered ineffective assistance for failing to object to the prosecution's sentencing-phase argument urging the jurors to look at the admitted photographs. His proposal is based upon a similar study undertaken in Illinois in which an expert found that jurors did not understand the Illinois punishment statutes.
"I think they should file some more charges," Cathy Lopez, Patricia Lopez's mother-in-law, said. (AP August 17, 2010). "Just a bad, bad case.". A petitioner satisfies this standard by demonstrating that jurists of reason could disagree with the district court's resolution of his constitutional claims or that jurists could conclude the issues presented are adequate to deserve encouragement to proceed further. Miller-El v. Cockrell, 537 U.S. 322, 327, 123 S.Ct. Appellant contends the State opened the door to testimony about parole eligibility in its cross-examination of Prof. James Marquart of Sam Houston State University by mentioning various capital murder defendants who committed violent crimes while in prison as well as two who committed murders after their release from prison. Points one and two claim constitutional error in the trial court denying his requested punishment jury charge instruction informing the jury that pursuant to Article 42.18, 8(b)(2), V.A.C.C.P., a prisoner serving a life sentence for capital murder is not parole eligible until the actual calendar time served, without consideration of good conduct time, equals 35 calendar years.
Brett Sawyer Properties La Crosse, Wi,
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