Petitioner filed application for certificate of appealability (COA).
Ertman got away, but Medellin grabbed Pena and dragged her down off the hill. That said, we resolve any doubts as to whether a COA should issue in the petitioner's favor when the death penalty is involved. LAST NOTE PRODUCTIONS-Pete Cantu part 2 of 4Elgin's 23rd annual Hogeye Festival elgin Texas 10-23-2010. Owner at Last Note Productions. A clemency must be granted to Peter Cantu. Hence, his point presents nothing for our review.FN12 Tex.R.App. See Photos. 2/4/09 -- The federal district court denied relief. The instant case is distinguishable from Payne, Ford and Smith as Pena was not the victim named in the indictment. Contrary to Cantu's argument, we have previously concluded that this language does not prevent the jury from considering relevant, mitigating evidence. Look up Pete Cantu's phone number, home address, email address, and other personal information. He didn't go into details. The inferences drawn by the prosecutor from the evidence were not so extreme or improper as to rise to the level of reversible error. Gaddis, supra, at 398. Cantu contends that a rational jury could look only at his first written statement-in which he admitted to kidnapping, robbing, and sexually assaulting the girls but omitted any mention of killing them-and convict him of only the lesser-included crimes. He remains in custody as of this writing.
After considering the prosecution's argument in the context of the argument made by Cantu, the district court determined that the state court did not unreasonably apply federal law in denying this claim. We concluded that the trial court's decision to admit this testimony was not an abuse of discretion in that such testimony was within the zone of reasonable disagreement of evidence relevant to sentence. 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. Cantu was the 16th person to be put to death by the state of Texas this year. In 1993, six gang members raped, killed, and brutally beat 14-year-old Jennifer Ertman and 16-year-old Elizabeth Pena beyond recognition. They then used Ertman's shoelaces to finish strangling her.
However, evidence as to her good character, activities she enjoyed and the impact of her on her family is not relevant as appellant was not on trial for her murder and such evidence serves no purpose other than to inflame the jury. Man arrested after police say he stole vehicle of deputy who was - mySA In search of vegan food, I found a world-class Mendocino inn. Ekstensive Metal Fabrication's 2016 Ford F-150 wasn't hammered "sold!" at Mecum Auctions' Houston event. 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.. Michelle Licon Cantu currently resides in Lubbock, Texas. Appellant avers in his thirty-sixth point of error that the trial court violated his rights under the Eighth and Fourteenth Amendments by submitting an instruction concerning intoxication during the sentencing phase. 680 following. You are instructed that, in considering the mitigating factors in answering the special issues, you are to consider the Defendant's youth as a mitigating factor.. View Source Share Save to Suggest Edits Memorial Photos Flowers Memorials Region North America USA Texas "Im sure a lot of people will get closure from this because it affected a lot of people," said Pena, acknowledging the support his family and the Ertmans have received over the years. Texas Metal (TV Series 2017-2021) - Full Cast & Crew - IMDb As the evidence previously set out illustrates, appellant was the self-appointed leader of this gang. His own statement to a co-defendant expressly showed that he intended that the girls be killed, and testimony as to appellant's actions revealed his active participation in the killings. Three dozen supporters cheered as the families emerged after the execution. We noted, in Gaddis, supra, that counsel is allowed wide latitude in drawing inferences from the evidence so long as the inferences drawn are reasonable and offered in good faith. At his sentencing for the Ertman-Pena case, the judge asked Cantu if there was any reason the sentence shouldn't be imposed. Henry Cantu Director: University of Texas at San Antonio College/University: 1 Utsa Cir, San Antonio, TX 78249
Three of the animals who did this are gone, but you know it doesn't really make you feel any better," Pena said. Date of Birth: 05/27/75
There might be a fact and circumstance out there that just cries out for mercy, cries out for you to give the person some leniency and not give them the death penalty,. Keep that in mind when you think in terms of what is it that really compels our mercy and do you see it in this case? Pete Cantu in Texas We found 49 records for Pete Cantu in Edinburg, Austin and 36 other cities in Texas. Gentry v. State, 770 S.W.2d 780 (Tex.Crim.App.1988), cert. Randy commandeered the news van and went to the scene that was now bustling with police activity. We have previously held a defendant is not entitled to an instruction on parole law in a capital case under the Texas Constitution. Further, he asserts that there exists a reasonable probability that the result of the proceeding was affected by the graphic nature of the photographs. However, the protesters in attendance did little more than annoy the families. Arrangements are entrusted to Holmgreen Mortuary, 2061 East Main Street, Alice, Texas. Nevertheless, such error is subject to a harm analysis. The record reveals that M. Pena was one of over thirty witnesses who testified at punishment, and her testimony before the jury comprised less than twenty pages out of over 700 pages of testimony at punishment. Compare, Cofield v. State, 891 S.W.2d 952 (Tex.Crim.App.1994).FN7 Point of error six is overruled. 2630, 129 L.Ed.2d 750 (1994). Ertman rejected an invitation from Cantu's lawyer to come to his office and read a letter of apology from Cantu. 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. 1676, 95 L.Ed.2d 127 (1987). But I think I will probably sleep a little better. Pedro Cantu - IMDb To violate due process, an evidentiary ruling must result in a denial of fundamental fairness, and improperly admitting evidence will only justify habeas relief if the admission was a crucial, highly significant factor in the defendant's conviction. Neal v. Cain, 141 F.3d 207, 214 (5th Cir.1998).FN3. ), cert. That standard is applied in light of the Court's recognition 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 his family. Payne v. Tennessee, 501 U.S. 808, 825, 111 S.Ct. Pete Cantu Rodriguez, born on January 16, 1964 in San Antonio, TX was called to be with The Lord on August 19, 2020 at the age of 56. Cantu, then 18, orchestrated the attacks and slaying. Appellant appeared happy and amused by the conversation and readily agreed with the recollection of events. The parents of Ertman and Pena, supported by other family members and friends, looked on as Cantu stared straight up toward the ceiling, taking one deep breath before he closed his eyes. The best result we found for your search is Peter Cantu age 70s in Austin, TX in the Gracywoods neighborhood. 803(23) as statements against interest, corroborated by appellant's own responding actions and the co-defendants' possession of the victims' jewelry and the blood on the co-defendants' clothing when they came to the Cantu residence.
"I don't mean this in a gruesome way, but if they want to make the death penalty a deterrent, up in front of (Houston) City Hall, they've got all these beautiful trees. 12/13/06 -- The Texas Court of Criminal Appeals denied state habeas relief. Roman's brother, Frank, and Joe's fourteen-year-old brother, Venancio, were also present.
She screamed. "How can you forget something like this?
He does not challenge the sufficiency of the evidence to support the jury's verdict finding him guilty of capital murder. In related point of error thirty-one, appellant avers that the trial court erred in denying his requested charge informing the jury that he would receive a life sentence should they fail to agree on the answer to any one of the punishment issues. Specifically, appellant requested the following instructions:
1997). 2934, 106 L.Ed.2d 256 (1989), with respect to mitigating evidence. Choose one of our three Metal Depot locations in Southeast Texas for all of . For the following reasons, we deny a certificate of appealability on all of the issues that he raises. 37.071 2(b) and 2(e), the trial judge sentenced appellant to death.FN2 Article 37.071 2(g). Below, Cantu additionally argued that the prosecution's sentencing-phase argument improperly limited the jury's consideration of mitigating evidence; however, he has conceded that argument in his present petition and, so far as his mitigation argument is concerned, seeks a COA only on whether Texas's method of presenting mitigation evidence to the jury is unconstitutional. Both expressed regret for their role in the killings. Robinson v. State, 851 S.W.2d 216, 232 (Tex.Crim.App.1991), cert. Is your room clean today? FN10. When Cantu looked away, Ertman yelled at him, "Look at me look at me good!". 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. Sonnier v. State, 913 S.W.2d 511, 520-21 (Tex.Crim.App.1995); McFarland v. State, 928 S.W.2d 482 (Tex.Crim.App.1996). A rational jury could not have concluded otherwise. Pete T. Cantu Obituary The girls were hurrying along railroad tracks in the dark in order to get home by their curfew. He was born on June 9, 1980, in Stephenville, Texas to Jesus Cantu, Jr. and Maria Acuna.
Cantu v. State, 939 S.W.2d 627 (Tex.Crim.App. The suggestion, given the context in which it was made, cannot be characterized as a misstatement of the law, even assuming, arguendo, appellant's assertion on this point is correct. 1317, 131 L.Ed.2d 198 (1995). Fourteen-year-old Venancio watched as the others raped both girls until Cantu told him that he should get some. The girls were still being raped when Cantu whispered to Venancio, Were going to have to kill them. When everyone was finished, Cantu told them to take the girls into the woods where they proceeded to strangle them.
document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Our Hometown "Theres no way to ever get closure from this. We conclude that reasonable jurists would not disagree on this matter. Pete Cantu Rodriguez Obituary (1964 - 2020) | San Antonio, Texas "The victims were so sympathetic and rightly so," said Robert Morrow, one of Cantu's trial lawyers. Rousseau, 855 S.W.2d at 686-87; Felder, 848 S.W.2d at 101; Davis v. State, 782 S.W.2d 211, 221-22 (Tex.Crim.App.1989), cert. Here's a full rundown of the teams, drivers, and their cars. Manager of the Year: Pete Cantu - YouTube 17 Episodes 2019. The special pleas, if any, shall be read by the defendant's counsel, and if the plea of not guilty is also relied upon, it shall also be stated. Penal Code Ann. John was born February 14, 1952 in Victoria to Francisco Cantu and Andrea Flores Cantu. Sign Up. Appellant argues that the phrase or anticipated that a human life would be taken renders Article 37.071 2(b)(2) unconstitutional because the phrase lacks the required culpability. 2658, 125 L.Ed.2d 290 (1993). They were spotted by the group, pulled off the tracks and taken into nearby woods where they were sexually assaulted. 2216 91st St, Lubbock, TX 79423 921 Adrian St, Lubbock, TX 79403 2311 49th St, Lubbock, TX 79412. Appellant asserts in his thirtieth point of error that the 12-10 rule of Article 37.071 2(d)(2) and 2(f)(2) violates the Eighth Amendment to the United States Constitution. 6:00pm I was escorted along with four other media witnesses. Thirty-five-year-old Peter Anthony Cantu was strapped to a gurney in the Huntsville Unit prison death chamber and given a lethal injection Tuesday evening as relatives of his victims, Jennifer Ertman and Elizabeth Pena, looked on. As we stated above in point of error twelve, when challenging the constitutionality of a statute:
She testified that appellant was friendly to her and never mistreated or was disrespectful to her. FN9. 84 Lumber. Point of error forty-five is overruled. Mrs. Naomi (Pete) Cantu of Waxahachie, 94, passed away July . What Happened to Heath From 'Texas Metal'? Is Heath Moore on TV? AUSTIN Texas Attorney General Greg Abbott offers the following information about Peter Anthony Cantu, who is scheduled to be executed after 6 p.m. on August 17, 2010. She felt sorry for the families and wanted them to be able to put their daughters' bodies to rest. In fact, while Rousseau actually addressed the pre-1991 version of the statute, we noted that the Interpretive Commentary to the revised 1991 statute, under which appellant was tried in the instant case, stated that the revisions foreclosed the potential for a challenge to the statute based upon Mills v. Maryland, 486 U.S. 367, 108 S.Ct. This Court recently applied the Ake standard as it relates to a defendant asserting an insanity defense and rejected the notion that a court's expert necessarily fulfills the role of a psychiatric assistant to the indigent accused envisioned by Ake. De Freece v. State, 848 S.W.2d 150, 159 (Tex.Crim.App. Her family was present at his trial for the June murders. 74(f). Several of Ertman's ribs were broken from being kicked. Frustrated that he was unable to have his turn fighting Villareal, he told the gang members that he wanted to beat the man up.
However, enough tissue did exist for the medical examiner to determine that the girls had died of a trauma to the neck which was consistent with strangulation. The court shall charge the jury that in answering the issue submitted under Subsection (e) of this article, the jury:
in memory of Pete T. Cantu, please visit our floral store. "There's no way to put closure on this," said Jim Stacey, a close friend of the Ertman family. denied, 515 U.S. 1105, 115 S.Ct.
A capital sentencer need not be instructed how to weigh any particular mitigating fact in the capital sentencing decision.
Lawton, 913 S.W.2d at 557; McFarland, 928 S.W.2d at 497-99. Several witnesses testified appellant had a history of violent behavior and offenses. In his argument, appellant basically urges this Court to re-evaluate its prior holdings that Article 37.07 does not apply to capital cases and that the admission of unadjudicated extraneous offenses at the sentencing phase of a capital trial does not offend the Eighth and Fourteenth Amendments. 4/19/10 -- The U.S. Supreme Court denied Cantus petition for certiorari review. Focus for the victims' families now turns to the remaining three killers. Visitation for Mr. Pedro Pete Cantu will begin on Sunday, February 2nd from 2:00 till 7:00 P.M. and on Monday, February 3rd from 7:00 A.M. till 1:00 P.M. in the chapel of the Schaetter Funeral Home, Fredericksburg. Plus, appellant objected at the punishment stage to the testimony of Pena's mother, M. Pena, who testified as to her daughter's good character, the search for her daughter, and the impact the disappearance had on the rest of the family members. 2765, 129 L.Ed.2d 879 (1994). LAST NOTE PRODUCTIONS-Pete Cantu part 2 of 4 - YouTube Romans brother Frank, and Joes fourteen-year-old brother, Venancio, were also present.
Find your friends on Facebook. "I think whatever they did, no matter how much there is, they should stand trial for every single thing." Santikos v. State, 836 S.W.2d 631, 633 (Tex.Crim.App. Does she have blond hair?!!?"
In his thirty-ninth and fortieth points of error, appellant alleges that Article 44.251(a) is facially unconstitutional when taken together with Article 37.071 2(a) because the former requires a sufficiency review of the latter. The district court noted that the prosecution was seeking to counteract Cantu's mitigating evidence by bringing attention to the victims and comparing the legal process by which Cantu might receive a death penalty to the brutality of the murders committed by Cantu. In Ford, the deceased victim's sisters and mother, who had also been victims of the crime, testified regarding the relationship each had with the deceased victim as well as to the effect that the crime had on them. Unfortunately, he revealed on Instagram . Appellant's reliance on Justice Blackmun's dissenting opinion is misplaced. 1.tu chaparrita 2.mi linda ilusion 3.al cien 4.me aleje de ti 5.acercate (feat. He is a child, he is eighteen, and that's what this is about. I love you too Pete, may you find peace wherever you are, finally you are free. The phone transferred the photos to her online account, and she shared them on Facebook. ), cert. Race: White
Webb, 760 S.W.2d at 268; Tucker, 771 S.W.2d at 530. It is clear that the excerpt from the letter was admissible to show the witness' strong bias in favor of appellant. The police were sent to the scene and searched the park without finding anything. 724, 735-36 (5th Cir.2005). Cantu next asserts that the method by which the Texas Code of Criminal Procedure presents the issue of mitigating evidence to a sentencing jury improperly prevents the consideration of constitutionally relevant evidence. Point of error twelve is overruled. Appellant asserts in point of error twenty-eight that his Eighth and Fourteenth Amendment rights were violated by the submission of vague terms in the first two special issues submitted in the punishment phase. See Harris v. State, 827 S.W.2d 949, 961-963 (Tex.Crim.App. 7. psychiatric evidence; and
Christina subsequently convinced her husband to report the incident to the police. Proc. Proc. "Maybe some satisfaction, but no closure.". In response to the study, a district court judge held that the statute unconstitutionally permitted the arbitrary and unguided imposition of the death penalty. denied, 514 U.S. 1117, 115 S.Ct. Peter Anthony Cantu #1224 See, e.g., Thacker v. Dretke, 396 F.3d 607, 617 (5th Cir.2005); Elizalde v. Dretke, 362 F.3d 323, 332-33 (5th Cir.2004); Woods v. Cockrell, 307 F.3d 353, 361 (5th Cir.2002). Murders of Jennifer Ertman and Elizabeth Pea - Wikipedia Appellant asserts in his forty-first point of error that the Due Process Clause of the Fourteenth Amendment requires this Court to engage in proportionality reviews of death penalty cases. We hold that the same analysis applies to the new statute and appellant has given us no reason to revisit this issue. 1127, 127 L.Ed.2d 435 (1994), in support of his argument that capital punishment is violative of the United States Constitution.
"He did a horrendous crime to these two girls and he deserved to die. See 466 U.S. 668, 687, 104 S.Ct. Anderson v. State, supra, at 509-10.
Jennifer and Elizabeth first encountered Roman and Frank as they made their way home, but managed to pass them without incident. With this standard in mind, we turn to Cantu's specific ineffectiveness arguments. Shaw, a former employee, was caught on camera Sept. 14 taking a pallet of meat with an estimated value of more than $6,400 dollars from the company, 1325 S. Brazos St., according to an arrest warrant affidavit. He married Dominga Arizola in 1945. Cantu; Pete Cantu; Texas; San Antonio; Pete Cantu in San Antonio, TX 19 results - Pete Cantu may also have lived outside of San Antonio, such as Laredo, Sinton and 2 other cities in Texas. Pursuant to 28 U.S.C. 2052, 80 L.Ed.2d 674 (1984). After Raul fought all of the members, he was welcomed into the gang.