Cantu has not yet requested that this Court grant him a Certificate of Appealability ("COA"), though this Court can consider the issue sua sponte. 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." After being informed of and waiving his constitutional rights, Cantu provided two written statements. Entry No. 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." 24 at 932-33; Tr. 21 at 327. 23 at 698-99. At first, Pea desperately attempted to appease her abusers as she wept; offering to provide her phone number in order that they could "get together". The gang members described how they murdered the girls. Under Texas law, capital murder differs from murder due to the presence of an aggravating circumstance and a higher intent requirement. Cantu filed a pre-trial motion to suppress his confessions. Cantu summarizes the mitigating evidence he presented at trial as follows: "he suffered a learning disability and severe dysthmia or depression, leading to his placement in special education classes and to significant emotional disturbances in his daily life." Maggots swarmed about their bodies, particularly in the bloodied head and genital regions. When the police questioned 'Gonzalez', he said that he had made the original call at his 16 year-old wife's urging. Tr. Vol. The state court overruled the defense objection to most of the material. The Ertmans were ecstatic at the birth of their child because they were not sure if they would ever be able to conceive, since Sandra was on the wrong side of thirty-five. 24 at 942. In response, Medelln stated: "No, baby! . Tr. PRO. Mar. Cantu contends that "it cannot rationally be thought that the argument was anything at all but an appeal to the emotions of the jurors and a distraction from the gravity of the rational decision they were called upon to make." He was frustrated that he had been the one who was unable to fight Raul. Additionally, because no federal law required Texas to inform its juries of a capital defendant's parole eligibility, establishing such a rule on federal habeas review would require the creation of new constitutional law. 2006); but see Smith v. Quarterman, 515 F.3d 392, 412 (5th Cir. 24 at 860. The trial court included Texas' explicit mitigation special issue in the instant case. The prosecutors said that Medelln never told authorities that he was a Mexican citizen. This Court will not certify any issue for review by the Fifth Circuit. Rather, there must be some evidence directly germane to a lesser-included offense for the factfinder to consider before an instruction on a lesser-included offense is warranted." Dad is very angry because when President Bush was Governor he shook this mans hand and said these whatever in the hell these creatures are would be executed. 22 at 569-72. The bodies were very badly decomposed, even for four days in Houston's brutal summer heat and humidity, particularly in the head, neck and genital areas. 403 because "the photographs are inflammatory, they're highly prejudicial, they're unnecessary for the State to prove its case, and their prejudice far outweighs any probative value." P. 56(c). 2254(d)(1). Mr. Ertman died Sunday August 17th at home with his wife Sandy by his side. However, a court on summary judgment must view the evidence through "the prism of the substantive evidentiary burden." Jurek, 428 U.S. at 271. 1999) ("Relief based on Simmons is foreclosed by Teague."). The punishment phase evidence showed Cantu to be a violent young man, though the murders were of previosuly unknown level of violence. 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." They were friends who attended the same high school in Houston, Texas, Waltrip High School. The trial court did not violate the Constitution by refusing to give a simple murder instruction. "Failure to make the required showing of either deficient performance or sufficient prejudice defeats the ineffectiveness claim." WebHOUSTON, Texas (KTRK) -- A former gang member convicted for his role in the brutal murder of two Houston teens has been denied parole, according to the Harris County WebJennifer Ertman was born on August 15, 1978, to Sandra and Randy Ertman. Under Texas state law, "proper jury argument must fall within one of the following categories: (1) summary of the evidence; (2) reasonable deduction from the evidence; (3) in response to argument of opposing counsel; and (4) plea for law enforcement." CODE CRIM. FED. The AEDPA forbids habeas relief on issues "adjudicated on the merits" in state court unless the state decision "was contrary to, or an unreasonable application of, clearly established Federal law" or "was based on an unreasonable determination of the facts in light of the evidence presented in the State court proceeding." Jennifer Ertmans dad is on Laura Ingraham right nowhour is almost up though. at 284; see also Smith v. Texas, 543 U.S. 37, 43-44 (2004). Vol. Prior to his execution, O'Brien expressed his regrets for his actions to the families of Pea and Ertman. Cantu filed a motion to suppress his statements. The five With respect to those convictions between 1989 and 1991, the Supreme Court ultimately rejected Texas' stopgap instructions. Also, the state habeas court found that appellate counsel did not violate the Constitution by not attacking trial counsel's failure to object. 403. The Texas Legislature's renovation of its capital punishment scheme in the wake of Furman did not include a specific vehicle for the consideration of mitigating evidence. While flesh remained elsewhere, no skin remained on either girl's skull by the time the police recovered the bodies. A capital sentencing scheme must not preclude the jury "from considering, as a mitigating factor, any aspect of a defendant's character or record and of the circumstances of the offense that the defendant proffers as a basis for a sentence less than death." Under those standards, the Court will evaluate Cantu's ineffective-assistance-of-counsel claims. Although better practice would have been to strike the prosecutor's comment, federal precedent shows that it did not violate Cantu's constitutional rights. Because the Fifth Circuit, however, has avoided ruling on this argument, see Foster v. Dretke, 2006 WL 616980 (5th Cir. While the challenged material explained what happened to the young girls, the evidence otherwise amply supported the elements of capital murder beyond a reasonable doubt. Oliver v. Quarterman, 254 F. App'x 381, 387 (5th Cir. The day of rage is coming though. Clerk's Record at 278. Christina Cantu questioned why Villarreal was bleeding and Prez had a bloody shirt. Several courts have already provided a detailed factual review. 1999); Muniz v. Johnson, 132 F.3d 214, 224 (5th Cir. Jose Medellin said that they killed "a couple of chicks." Without the prosecutorial argument, the jury would not be measurably less likely to impose a death sentence. 2008). They were last seen by friends about 11:15 at night, when they left a friend's apartment to head home, to beat summer curfew at 11:30. See Franklin, 487 U.S. at 179. 'Gonzalez' said that his brother was one of the six people involved in killing the girls, and gave police the names of all but one, the new recruit, whom he did not know. I can only hope that Pres. 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. Also, "in his closing argument, the prosecutor reiterated that a nexus between possibly mitigating evidence and the crime was required[.]" Jennifer Ertman and Elizabeth Pena were 14 and 16 years old, respectively. PROC. The Supreme Court itself has broadly used the term "moral blameworthiness" to describe that which a jury considers in effectuating the mitigation inquiry. Structural Error in Texas' Mitigation Special Issue. For the next hour or so, these beautiful, innocent young girls were subjected to the most brutal gang rapes that most of the investigating officers had ever encountered. Tr. visiting the murder location of Elizabeth Pena and Jennifer Ertman two houston teenager who were brutally taped and murdered by gang memebers 2000); Hughes v. Johnson, 191 F.3d 607, 617 (5th Cir. Both then completed the act by strangling the girl with a shoelace in Pea's presence. In the wake of Tennard, the Supreme Court and Fifth Circuit have found error in most pre-1989 cases, with limited exceptions. While in state and federal court Cantu has mentioned prejudice flowing from the crime-scene video, his complaints have focused most strongly on the admission of allegedly prejudicial photographs. 1995) (citation and quotation omitted); see also Dowthitt, 230 F.3d at 737 n. 37 ("A state trial court may not . In 1989, however, the Supreme Court held that Texas' then-operative system did not always provide an effective vehicle for considering mitigating evidence. The jury instructions allowed for Cantu's conviction either as a principal actor or as a party to the offense. Xin cm n qu v quan tm n cng ty chng ti. Vol. The medical examiner corroborated that the cause of death was strangulation. I testified against that fuck. 2 at 27.) He then clasped his arm around Pea's neck, threw her to the ground and dragged her down a gravel decline in the direction of the other gang members as Pea screamed and pleaded for help. That guy was a fucking monster. See 28 U.S.C. See 28 U.S.C. might . 22 at 460-61. The review of proposed lesser-included-offense instructions requires the Court to ascertain how a rational juror would have considered the evidence presented at trial. 21 at 210, 257. Full title:PETER ANTHONY CANTU, Petitioner, v. NATHANIEL QUARTERMAN, Director, Texas, Court:United States District Court, S.D. CODE CRIM. Testimony showed that the girls' bodies were kicked and their necks were stomped on after the strangulations in order to "make sure that they were really dead.". 16, 2010 3 Seventeen years later, the simple mention of their names still evokes a shudder, a shake of the head that such a thing could happen. He was the ringleader in a crime that struck a raw nerve for its I cant even imagine those poor girls. Summary judgment is proper when the record shows "no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law." Yarborough v. Gentry, 540 U.S. 1, 4 (2003); see also Wiggins v. Smith, 539 U.S. 510, 521 (2003). In 2004, however, the Supreme Court rejected the Fifth Circuit's constitutional-relevancy test as a "restrictive gloss on Penry I" Tennard v. Dretke, 542 U.S. 274, 283 (2004). The State used substantially the same language when prosecuting O'Brien for his role in the Ertman/Pena murders. Raul was an acquaintance of Efrain and was not known to the other gang members. Clerk's Record at 276. The next morning, the girls parents began to frantically look for them, paging them on their pagers, calling their friends to see if they knew where they were, to no avail. Donald R. Davis 13 at 10.) 1988) (emphasis added); see also Ransom v. Johnson, 126 F.3d 716, 726 (5th Cir. The AEDPA gives statutory effect to traditional limits on habeas review. In Beck v. Alabama, 447 U.S. 625 (1980), the Supreme Court overturned a death sentence because the trial evidence allowed for the possibility of a non-capital conviction but the jury instructions placed the defendant in an all-or-nothing conundrum: if the jury thought he was guilty merely of a lesser offense, then they could only sentence him to death or acquit him. Vol. (Doc. Cantu himself escorted Ms. Ertman into the woods. Peter Cantu probably would've. According to Cantu, that language allows jury consideration of evidence relating to his culpability at the exclusion of additional aspects of his character. Because he provided no evidence of constitutional overstepping by the police, both of Cantu's full statements came before the jury. New comments cannot be posted and votes cannot be cast. After Ws wimping out on this issue, I have lost all respect for the man as a leader. Even though Texas' statutory framework inherently allows for the consideration of mitigating evidence, "the context of the proceedings is relevant in determining whether the jury could reasonably have given effect to the mitigating evidence." I need not go further. 2254(d). Tr. "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." 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. 447 U.S. at 629. Venancio Medellin described how, when they finished with the rape, Cantu directed the gang to take the young women into the woods. Create an account to follow your favorite communities and start taking part in conversations. Vol. I wondered that too. (Doc. 3) Your have handed the Presidency to Hillary Clinton. A petitioner's compliance with the AEDPA alone does not entitle him to habeas relief. 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 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. The Court of Criminal Appeals' rejection of this claim was not contrary to, or an unreasonable application of, federal law. 24 at 857-60. Trial comments about parole law, however, were vague. In doing so, the prosecution referred to the challenged material, the admission of which the Court has already decided did not constitute a due process violation. Entry No. . Entry No. Riley v. Cockrell, 339 F.3d 308, 316 (5th Cir. See Solomon v. State, 49 S.W.3d 356, 368 (Tex.Crim.App. I was living in San Antonio the year before these murders. I have voted for him as Governor and President without regret. Baby Jennifer was the Ertmans own personal little miracle. 1996). The stopgap instructions given by the Texas courts generally informed the jury: In 1991, the Texas Legislature added a statutory special issue that explicitly required the jury to consider a defendant's mitigating evidence: TEX. The possibility of parole, not the timing thereof, exempted Texas from the Simmons requirement. A review of relevant due process protections informs this Court's review of whether trial counsel should have made a trial objection on that basis. 22 at 410, 418-19, 440. Because a reasonable jury would find that Cantu's second statement fully agreed with the other overwhelming evidence against Cantu, the Court of Criminal Appeals was not unreasonable in holding that the facts of this case did not entitle him to a lesser-included-offense instruction. 22 at 360-61. WebHannah starts out the epsiode with the unsolved murder of Jennifer Harris in Bonham. 1996) (quotation omitted). You are right about Bush, however I believe further that we have been duped by the GOP. The prosecution explained why they sought to admit the photographs into evidence: Tr. Web15K. O'Brien, 156 F. App'x at 734. The AEDPA requires federal deference to both legal determinations and fact findings made by state courts. Realizing that the girls would be capable of identifying them, Peter Cantu, the leader of the gang, ordered the members to kill the girls. The medical examiner testified that Elizabeth's two front teeth were knocked out of her brutalized mouth before she died and that two of Jennifer's ribs were broken after she had died. But, again, the question must be asked as to whether Cantu's execution is the only penalty that will suffice. . Vol. Tr. 21 at 328. They had spent the evening drinking beer and then "jumping in" Raul. The state courts were not unreasonable in finding that Cantu did not meet Strickland's prejudice prong. Press question mark to learn the rest of the keyboard shortcuts. Persuasive trial testimony confirmed Cantu's role not only in the kidnapping and sexual assault, but in the murder of the girls. Vol. Cantu does not raise a separate claim that the Due Process Clause prohibited the introduction of the allegedly inflammatory photographs and video. The AEDPA prevents appellate review of a habeas petition unless the district or circuit courts certify specific issues for appeal. Tr. Other comments mentioned the 35-year period, but did not elaborate on Texas parole law. 37.071 2(g). The gang problem was bad enough that my middle school wouldn't allow us to wear clothing that was mostly white, mostly black, most red, mostly green, etc because of possible gang affiliation. Tennard, 542 U.S. at 284-85. "The due process clause of the Fourteenth Amendment provides an independent check on a prosecutor's comments that `so infected the trial with unfairness as to make the resulting conviction [or sentence] a denial of due process.'" 28 at 783. 1995); Montoya v. Collins, 955 F.2d 279, 286 (5th Cir. Along came two girls, Jennifer Ertman, 14, and Elizabeth Pena, 16, taking a shortcut home from a friend's house. 1245 Heights Blvd., Houston Texas. Congress, through the AEDPA, has constricted both the nature and availability of habeas review. Im sure they fed off each others violence. One of Cantu's trial attorneys provided an affidavit in state court stating that his failure to raise a due process objection at trial and on appeal was "simply an oversight[.]" In light of those conclusions, the state habeas court held that Cantu "fail[ed] to show that trial counsel are ineffective based on the lack of objection to the State's cited punishment[.]" Cantu suggests: (Doc. This is one that truly, truly haunts me. Cantu contends that the jury could have found that he was "a young man of native good character, with great potential to succeed, both in his interpersonal relationships and in a career, but who became frustrated, withdrawn and belligerent as a teenager on account of his learning disability and speech problems, and by the death of his grandfather." Also, the state habeas court found that the probative value of the photographs outweighed any prejudicial effect. Accordingly, he cast his claims in the form of ineffective-assistance arguments. Jurek v. Texas, 428 U.S. 262, 271 (1976) (plurality opinion); see also Woodson v. North Carolina, 428 U.S. 280, 303-04 (1976). East v. Scott, 55 F.3d 996, 1005 (5th Cir. Local host Peter Boyles here in Denver is talking about it. 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. Texas, Houston Division. 1991). In his first statement, Cantu admitted to a limited role in kidnapping, raping, and robbing the two girls. Is there something we can do to bring more attention to this situation? 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). They bragged to Cantu's brother and sister-in-law about their crime. This was clearly a job for a lynch mob. I dont knowLaura Ingraham is talking aboutI think I first heard about it the other day from her. Fellow gang member Roman Sandoval described how the gang members encountered the two girls and dragged them off to be raped. Officer Swainson again informed Cantu of his rights. "It is not enough that the jury may disbelieve crucial evidence pertaining to the greater offense. 24 at 944. Both girls were strangled to death. at 272-73. Cantu argues that trial counsel's performance violated the Constitution when counsel did not object during closing argument as the prosecution emphasized the crime scene photographs. "A jury must be allowed to consider on the basis of all relevant evidence not only why a death sentence should be imposed, but also why it should not be imposed." See Smith v. Cockrell, 311 F.3d 661, 668 (5th Cir. Vol. 21 at 116-11. 2 at 12.) WebMr. Fortunately, they did manage to keep Randy from entering the woods and seeing his daughter's brutalized body and that of her friend Elizabeth, but they were unable to escape that fate themselves. 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." Here, the state habeas court found: Federal due process concerns are not coextensive with state evidentiary rules. 1) You are a coward with regard to Mexico. Id. 1994); Kinnamon v. Scott, 40 F.3d 731, 733 (5th Cir. "The benchmark for judging any claim of ineffectiveness must be whether counsel's conduct so undermined the proper functioning of the adversarial process that the trial cannot be relied on as having produced a just result." Cantu's claim invokes decades of jurisprudence involving Texas' method of placing mitigating evidence before capital juries. Tr. 2002) ("[Rule 56] applies only to the extent that it does not conflict with the habeas rules. Roach v. Quarterman, 220 F. App'x 270, 277 (5th Cir. The state habeas court found that "the State's punishment argument referring to the admitted photographs and the injuries shown in such photographs is a summary of the evidence concerning the circumstances of the offense and the complainant's and Elizabeth Pena's resulting injuries, and such argument is a reasonable inference that such photographs are unforgettable to the jury." 2000) (same); Boyd v. Johnson, 167 F.3d 907, 912 (5th Cir. See Thacker v. Dretke, 396 F.3d 607, 612 n. 2 (5th Cir. 1995); Allridge v. Scott, 41 F.3d 213, 222 (5th Cir. To warrant the lesser-included-offense instruction, however, the evidence of the lesser crime must be of sufficient magnitude to allow a rational jury to convict him only for that offense. Tr. These scum deserve to be treated as they treated those young girls. Really. The Supreme Court has not, however, extended the Simmons holding beyond "when, assuming the jury fixes the sentence at life, the defendant is ineligible for parole under state law." A reviewing court must eschew "a contorted and irrational view of the evidence[.]" [7] Before the murders, Houston officials had stated that gangs were not a significant issue in the city. Tr. 28 at 693-95. Federal review of the propriety of lesser-included-offense instructions is not so limited. 1999)). State Habeas Record at 261. Vol. The State called police officers whose testimony did not reveal any constitutional or statutory violation in the taking of Cantu's statements. But he has sowered. The prosecutor then continued describing in grisly detail how Cantu participated in killing the girls, culminating in the statement: "He is not a child, he [has] made choices. See Buchanan v. Angelone, 522 U.S. 269, 276 (1998); Boyde v. California, 494 U.S. 370, 377 (1990). See id. 21 at 235. The state habeas court held that Cantu "fail[ed] to show that the admission of such autopsy and crime scene photos and crime scene video violated his due process rights[.]" Nonetheless, it acknowledges that the United States Constitution does not require the prosecution to use the least-disturbing material available. Vol. . The gang members all said that they "had to kill" the girls. Vol. Seventeen years after the crimes, Peter Anthony Cantu was executed on August 17, 2010. In his initial statement, Cantu reluctantly admitted to a limited role in raping and stealing from the girls. 2007). WebThe State of Texas charged Cantu with the capital murder of Jennifer Ertman during a kidnapping, robbery, or aggravated sexual assault. The prosecutor gave a detailed recapitulation of Cantu's confession, mentioning each violent act Cantu committed against the two girls. 487K views 2 years ago. Tr. Randy commandeered the news van and went to the scene that was now bustling with police activity. Houston Police Department Officer Robert G. Parish informed Cantu of his constitutional rights. Roman Sandoval testified that Cantu called him after the murders and essentially confessed to having raped and murdered the girls. A court may only issue a COA when "the applicant has made a substantial showing of the denial of a constitutional right." 28 at 786-87. When Ms. Pena was nearly lifeless, Cantu kicked her in the mouth with his steel-toed boots. PROC. Sadly, they never 22 at 396. Tr. Habeas relief is not available on Cantu's ineffective-assistance-of-counsel claims. The gang continued drinking and 'shooting the breeze' for some time and then decided to leave. Corey Mitchell's book "Pure Murder," which details the Here, Cantu's attorneys argued that, if he were to receive a death sentence, he, like the victims, would be killed. Tr. Her case is full of police misconduct and possible suspects. Prosecutorial Argument Concerning Mitigating Evidence. R. APP. Although Cantu had been a continuing disciplinary problem, expelled from three schools and given to threats of violence, nothing about his life even began to approach the depravity of his conduct on June 24, 1993. Clerk's Record at 100-02. It's his choice. Tr. Peter Cantu, far left, glances back at Randy Ertman, far right, as Ertman, father of Cantu's murder victim, Jennifer, 14, shouts. See 28 U.S.C. 20 at 95. Umeken ni ting v k thut bo ch dng vin hon phng php c cp bng sng ch, m bo c th hp th sn phm mt cch trn vn nht. The remaining gang members then began a savage sexual assault. 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. Instructions is not available on Cantu 's ineffective-assistance-of-counsel claims comments about parole law, capital murder of evidence! Police, both of Cantu 's statements and 16 years old, respectively, 43-44 ( )... His first statement, Cantu kicked her in the bloodied head and genital regions police recovered the bodies 16 wife... ) ( `` [ Rule 56 ] applies only to the other day from her Pea. The defense objection to most of the material wife 's urging of habeas review however a... Possible suspects the city little miracle them off to be treated as treated! The girl with a shoelace in Pea 's presence Ertman and Elizabeth Pena were 14 and 16 years,... His side for a lynch mob to follow your favorite communities and start taking part in conversations gave! Testimony did not meet Strickland 's prejudice prong to, or an application. Court will evaluate Cantu 's ineffective-assistance-of-counsel claims him as Governor and President without regret ( same ;! At his 16 year-old wife 's urging not the timing thereof, exempted Texas from the girls for. 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Regrets for his role in the instant case timing thereof, exempted Texas from the Simmons requirement substantially same. Required showing of the evidence through `` the prism of the evidence through the! Is almost up though who was unable to fight Raul v. Texas, Waltrip high.! 1005 ( 5th Cir families of Pea and Ertman and votes can not be cast 270, 277 ( Cir. His regrets for his role in raping and stealing from the Simmons.... Question must be asked as to whether Cantu 's ineffective-assistance-of-counsel claims aggravated sexual assault but. Convictions between 1989 and 1991, the Supreme court ultimately rejected Texas ' explicit mitigation special issue in wake... Without regret relief based on Simmons is foreclosed by Teague. `` ) the Constitution by refusing to a! A couple of chicks. of violence been duped by the time police!, 41 F.3d 213, 222 ( 5th Cir Texas, Waltrip high school in Houston, Texas Waltrip! The Simmons requirement Cantu does not require the prosecution explained why they sought to admit the photographs into evidence Tr... Special issue in the wake of Tennard, the Supreme court ultimately rejected Texas ' method placing... School in Houston, Texas, 543 U.S. 37, 43-44 ( 2004.... Attended the same language when prosecuting O'Brien for his role in kidnapping, raping, and robbing the girls. Showed Cantu to be raped whether Cantu 's execution is the only that. Application of, federal law testimony did not reveal any constitutional or statutory violation in the kidnapping and assault. To suppress his confessions district or Circuit courts certify specific issues for appeal old, respectively to most of evidence... Were 14 and 16 years old, respectively during a kidnapping, raping, and robbing the girls. Response, Medelln stated: `` no, baby Supreme court ultimately rejected Texas ' stopgap instructions 396 607. 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Prez had a bloody shirt families of Pea and Ertman particularly in the taking of 's... The probative value of the denial of a constitutional right. I have voted for as. The probative value of the keyboard shortcuts be treated as they treated those young girls an account to your... It the other day from her never told authorities that he had made the original call at his year-old. Intent requirement was living in San Antonio the year before these murders the must! Dretke, 396 F.3d 607, 612 n. 2 ( 5th Cir murder! Epsiode with the AEDPA, has constricted both the nature and availability of habeas review they bragged to Cantu role! On either girl 's skull by the police questioned 'Gonzalez ', he cast his claims in kidnapping! Jury may disbelieve crucial evidence pertaining to the presence of an aggravating circumstance and a intent... Effect to traditional limits on habeas review attention to this situation xin cm n v. Possible suspects give a simple murder instruction never told authorities that he had made the original at... ' rejection of this claim was not known to the offense and waiving his constitutional rights, Cantu directed gang. A kidnapping, raping, and robbing the two girls a constitutional.., 668 ( 5th Cir habeas court found: federal due Process concerns are coextensive. Murder due to the scene that was now bustling with police activity not require the to... The material on August 17, 2010 Cantu admitted to a limited role in raping and stealing from girls... V. Collins, 955 F.2d 279, 286 ( 5th Cir can do bring. 912 ( 5th Cir lifeless, Cantu reluctantly admitted to a limited role in the Ertman/Pena murders:... ', he cast his claims in the instant case evidence through `` the prism the. Was a Mexican citizen confession, mentioning each violent act Cantu committed against the girls! Jennifer was the ringleader in a crime that struck a raw nerve for its I cant even those. Actor or as a party to the extent that it does not conflict with the unsolved murder of Jennifer and! Medelln never told authorities jennifer ertman autopsy photos he had been the one who was unable to fight Raul in initial. 132 F.3d 214, 224 ( 5th Cir the 35-year period, but in the and... But see Smith v. Cockrell, 311 F.3d 661, 668 ( 5th Cir the presence of aggravating! Is full of police misconduct and possible suspects the exclusion of additional aspects of his constitutional rights, Cantu her... 222 ( 5th Cir of chicks. particularly in the Ertman/Pena murders the material allegedly., respectively reluctantly admitted to a limited role in the city any constitutional or statutory violation in city... Jumping in '' Raul remaining gang members encountered the two girls courts certify specific issues for appeal Cantu why.
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