Texas, Houston Division. . In 2005, President George W. Bush ordered hearings to be held. This one has always stuck with me, to an insane degree. TEX. State Habeas Record at 261. So I know that this is a trivial side point. On the basis of those and other statements, O'Brien claimed on federal habeas review that the prosecutorial actions imposed the defunct constitutional relevancy test on the jury. After several gang members fought Villareal, the group started drinking. Thank you for doing this write up. The lack of a due process violation undercuts the ineffectiveness claims Cantu raises on federal habeas review. The rapes and murders of Jennifer Lee Ertman and Elizabeth Christine Pea, two teenage girls from Houston, Texas, aged 14 and 16, respectively, occurred on June 24, 1993.The murder of the two girls made headlines in Texas newspapers due to the nature of the crime and the new law resulting from the murder that allows families of the victims to In the wake of Tennard, the Supreme Court and Fifth Circuit have found error in most pre-1989 cases, with limited exceptions. H-02-1975 (S.D. 28 at 785. As required by Texas practice, the trial court conducted a balancing test before allowing the allegedly inflammatory material into evidence. Vol. He then elaborated that he had raped both girls. '"); Lincecum v. Collins, 958 F.2d 1271, 1274-75 (5th Cir. State Habeas Record at 260. This action comes before the Court on Respondent Nathaniel Quarterman's answer and motion for summary judgment. Venancio Medellin could not see what the other gang members were doing with Ms. Pena because he left the wooded area before the girls died. He said yeah." The images were so 2007) (quoting Beazley v. Johnson, 242 F.3d 248, 260 (5th Cir. [not to] kill this child." The issue is not whether a juror, through rejecting some evidence or considering the factual scenario in a particular manner, conceivably could return a verdict for a lesser crime. WebJune 25, 1994: Family and friends of Jennifer Ertman and Elizabeth Pena gather at T.C. Respondent has moved for summary judgment. However, a court on summary judgment must view the evidence through "the prism of the substantive evidentiary burden." See 28 U.S.C. art. Seventeen years after the crimes, Peter Anthony Cantu was executed on August 17, 2010. The prosecution's closing argument responded to the argument that Cantu was a child who should not be killed: "The State has brought to you a lot of evidence to show you what this defendant is like, who he really is. The Fifth Circuit has consistently and unconditionally ruled that Simmons' due process holding did not require Texas to inform its juries of a defendant's future parole eligibility. 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. Fourteen-year-old Venancio Medellin was present at the crime, participated in raping the girls, and testified at trial about each gang member's involvement in the sexual assault and killing. All materials posted herein are protected by copyright law and the The argument and related visual images brought into focus testimony describing the degraded condition of the victims' bodies that was already vividly before the jury. Trong nm 2014, Umeken sn xut hn 1000 sn phm c hng triu ngi trn th gii yu thch. Baby Jennifer was the Ertmans own personal little miracle. The Court of Criminal Appeals' rejection of this claim was not contrary to, or an unreasonable application of, federal law. My first knowledge of the death of Jennifer was seeing Randy, on the news that evening, screaming at the police officers who were struggling to hold him back, "Does she have blond hair?? The police, previously unable to find the young girls, used that information to find their bodies. 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 . Marsh, 548 U.S. at 174. O'Brien (the only non-Hispanic in the gang) and Villarreal then proceeded to strangle Ertman with a red nylon belt before the belt broke. Cantu's attorneys adduced testimony that supported the first two propositions. No death, but it was a year before columbine. Vol. 2008). State Habeas Record at 261. Tr. Importantly, the state courts did not unreasonably find a lack of Strickland prejudice. Venancio Medelln, the brother of Jos Medelln, was 14 at the time of the murder, the same age as Jennifer Ertman. This Court will not certify any issue for review by the Fifth Circuit. 22 at 572-79. The police were sent to the scene and searched the park without finding anything. 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. Entry No. As Cantu accurately argues, the question is not whether "[t]he evidence was clearly sufficient to establish that [the defendant] participated in the murder," but "whether the evidence would permit a reasonable jury to make a contrary finding[.]" why don't you also think in terms of maybe what these girls were thinking about, what their hopes and dreams were, what their wishes were[.] Tr. Cantu himself escorted Ms. Ertman into the woods. Tr. Federal review of the propriety of lesser-included-offense instructions is not so limited. might . Cantu bases this claim on the following interchange during closing arguments: Is there a connection between what they try to give you as mitigation, is there connection between that and the crime itself, when you think of what you discovered to possibly be mitigating? State Habeas Record at 259. Jennifer Ertmans dad is on Laura Ingraham right nowhour is almost up though. Clerk's Record at 286 ("During your deliberations, you are not to consider or discuss any possible action of the Board of Pardons and Paroles division of the Texas Department of Criminal Justice or of the Governor, or how long the defendant would be required to serve to satisfy a sentence of life imprisonment."). 23 at 698-99. Days later, Cantu's brother and sister-in-law reported what they had heard to the police. . Third, Cantu alleges that his trial attorneys should have objected when the prosecution referred to the allegedly inflammatory material during closing arguments (claim twelve). at 272. Local host Peter Boyles here in Denver is talking about it. They also knew they would have to pass a sexually-oriented business on that route and so decided to take a well-known shortcut down a railroad track and through a city park to Elizabeth's neighborhood. See id. The prosecution responded by comparing the legal process by which Cantu could receive a death sentence to the brutal murders. Vn phng chnh: 3-16 Kurosaki-cho, kita-ku, Osaka-shi 530-0023, Nh my Toyama 1: 532-1 Itakura, Fuchu-machi, Toyama-shi 939-2721, Nh my Toyama 2: 777-1 Itakura, Fuchu-machi, Toyama-shi 939-2721, Trang tri Spirulina, Okinawa: 2474-1 Higashimunezoe, Hirayoshiaza, Miyakojima City, Okinawa. Create an account to follow your favorite communities and start taking part in conversations. Chng ti phc v khch hng trn khp Vit Nam t hai vn phng v kho hng thnh ph H Ch Minh v H Ni. The state court, however, found that certain photographs (SX 113, 114, 121, 131, 132, 135, 138, and 152) should not be admitted. . In response, Medelln stated: "No, baby! Tr. Significant jurisprudence dealt with the constitutional issues in the first category. Cantu now bases a significant portion of his habeas petition on the argument that the jury should not have seen photographs of the girls' corpses. Because the Fifth Circuit, however, has avoided ruling on this argument, see Foster v. Dretke, 2006 WL 616980 (5th Cir. C.E. Vol. art. Peter Anthony Cantu ("Cantu"), a Texas inmate, seeks federal habeas corpus relief. Cantu read the statement and, in the presence of two other police officers, signed it. If the jury believed Cantu's first statement, as he argues on federal review, then he would have confessed to the underlying offenses that would make his a capital crime. The trial court initially prevented the defense only from claiming that "if [Cantu] receives a life sentence he will spend the rest of his life in prison and never be released on parole." I testified against that fuck. 2007). The families of both Ertman and Pea strongly favored the execution(s). See TEX. WebOn June 24, 1993, Elizabeth Pena and Jennifer Ertman from Houston, Texas were raped and murdered. Disclaimer: Here, Cantu's attorneys argued that, if he were to receive a death sentence, he, like the victims, would be killed. Khng ch Nht Bn, Umeken c ton th gii cng nhn trong vic n lc s dng cc thnh phn tt nht t thin nhin, pht trin thnh cc sn phm chm sc sc khe cht lng kt hp gia k thut hin i v tinh thn ngh nhn Nht Bn. Strickland v. Washington, 466 U.S. 668, 686 (1984). Woodford v. Garceau, 538 U.S. 202, 206 (2003) (quotation and citation omitted). Strickland, 466 U.S. at 700. Vol. Nothing in federal precedent indicates that Texas' current means of putting mitigating evidence before the jury violates the Constitution. 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. Id. CRIM. The trial court reviewed the other photographs, found that they were essential to explain the medical examiner testimony, and discussed with the prosecution how to best present the photographs without shocking the jury. The Court of Criminal Appeals rejected Cantu's arguments both on direct appeal and on habeas review. 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). (Doc. 8 years. Peter Cantu then returned, and divided valuables that had been stolen from the girls. They knew they would be late if they took the normal path home, down W. 34th Street to T.C. 1.7K 197 197 comments Best Add a Comment 14thCenturyHood 6 days ago This case bothers me so much and was a great source of fear during my childhood. She then attempted to flee. The murder of Vol. at 736. 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). Under Texas law, capital murder differs from murder due to the presence of an aggravating circumstance and a higher intent requirement. Outside the jury's presence, Cantu's trial attorneys objected to the material showing the victims' bodies. Again outside the presence of the jury, Cantu objected to the autopsy photographs (SX 113, 118, 120-29 and 149-52) under TEX. http://www.freerepublic.com/focus/f-news/1907715/posts. Well I better stay speechless because whats going through my head would get me banned. 2004); Woods v. Cockrell, 307 F.3d 353, 360-62 (5th Cir. A petitioner's compliance with the AEDPA alone does not entitle him to habeas relief. He then apologized to his own family before he was executed by lethal injection. Without the prosecutorial argument, the jury would not be measurably less likely to impose a death sentence. 2001) (citing Simmons, 512 U.S. at 168 n. 8). Xin cm n qu v quan tm n cng ty chng ti. 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. 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. Randy Ertman sits on the railroad tracks near the location where the bodies of two young women were found. The day of rage is coming though. 2000); Hughes v. Johnson, 191 F.3d 607, 617 (5th Cir. A habeas court likewise cannot grant relief if it would require the creation and retroactive application of new constitutional law. CODE CRIM. 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