Failure to Make a Due Process Objection to the Allegedly Inflammatory Material. In Jurek v. Texas, 428 U.S. 262 (1976), the Supreme Court upheld the constitutionality of Texas's capital sentencing statute. WebThe Day That Jennifer Ertman and Elizabeth Pena Disappeared On June 24, 1993, Jennifer Ertman and Elizabeth Pena had been at a pool party of a high school friend, Gina Escamilla. The prosecution introduced the allegedly inflammatory material while explaining the condition of the corpses, describing the process by which the police identified the girls' bodies, and verifying the statements made by Cantu and others. Its only task is to determine whether the petitioner meets the extremely stringent standards for federal habeas corpus relief. WebThe prosecution introduced into evidence dental x-rays (SX 112, 146) and autopsy photos of the two victims to support the dental and medical examiners' testimony proving that See id. Vol. Teague v. Lane, 489 U.S. 288 (1989), thus bars relief on these claims. There is 1 volunteer for this cemetery. 28 at 783. 2004); Woods v. Cockrell, 307 F.3d 353, 360-62 (5th Cir. 2 at 24.) Clerk's Record at 278. The victim's bodies were left to decompose in the summer heat. The homicide of Ertman [] Read more. Eventually, the en banc Fifth Circuit in Graham v. Collins, 950 F.2d 1009 (5th Cir. 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." Additionally, the challenged material would not necessarily serve as a crucial or determinative factor in the jury's consideration of Cantu's punishment. 13, 2006) (unpublished), and has unconditionally applied Beck to all inmates who have received a death sentence, the Court will apply Beck to Cantu's claim. Tr. WebExecutions and More Executions: Jennifer Ertman and Elizabeth Pena Murder. The two were close friends, attended the same high school, lived in the same neighborhood, and enjoyed 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. Please complete the captcha to let us know you are a real person. Cantu, like his co-defendant, offers no persuasive showing that constitutional error crept into the jury instructions or somehow prevented consideration of his mitigation evidence. Weve updated the security on the site. 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. Vol. WebWebExecutions and More Executions: Jennifer Ertman and Elizabeth Pena Murder. Oops, something didn't work. A habeas court likewise cannot grant relief if it would require the creation and retroactive application of new constitutional law. DOJ tentatively settles over Texas church shooting for $144M. Save to an Ancestry Tree, a virtual cemetery, your clipboard for pasting or Print. at 284; see also Smith v. Texas, 543 U.S. 37, 43-44 (2004). Joe Cantu asked the group, who was giggling and laughing, what happened. Tr. The trial judge stated: Tr. TEX. Vol. Officer Swainson "[a]sked him if he [would] like to continue, put it in writing. Webjennifer ertman autopsy photos ratio of size of atom to size of nucleus ole miss athletic administration building jennifer ertman autopsy photos 27, 2023 3:47 am cuban cigars australia WebCase Overview. The Court will review the context of closing argument to provide context to the allegedly objectionable prosecutorial statements. WebWebJennifer Ertman and Elizabeth Pena, ages 14 and 15, were walking home from a party, taking a shortcut to make it home by their 11 p.m. curfew on June 24, 1993. Vol. The two were best friends and had a beautiful, long life ahead of them. 403. Strickland, 466 U.S. at 700. While Cantu mentions several constitutional bases for these claims, he does not elaborate on each constitutional theory. Accordingly, where the state courts have resolved factual allegations by express or implicit findings, federal courts construe facts in a prisoner's favor only after he has shown that the findings are incorrect under 28 U.S.C. The possibility of parole, not the timing thereof, exempted Texas from the Simmons requirement. Significant jurisprudence dealt with the constitutional issues in the first category. The Due Process Clause protects against prosecutorial excess in closing summation. Given that suggestion, Cantu claims that Beck entitled the jury to consider his conviction for crimes less serious than capital murder. R. APP. Cantu later gave Venancio Medellin a watch that belonged to Ms. Ertman. The Fifth Circuit concluded: Also, the Court of Criminal Appeals noted that the prosecution's statement was merely a "suggestion," and did not tell "the jury that they must find a nexus between the offense and the evidence offered as mitigation[.]" 1994); Kinnamon v. Scott, 40 F.3d 731, 733 (5th Cir. The graves of Jennifer Ertman and Elizabeth Pena are about 200 yards apart in Woodlawn Garden of Memories Cemetery. Clerk's Record at 15. Vol. Entry No.
This case is ripe for adjudication. 21 at 299-300. The Supreme Court's subsequent decision in Roper v. Simmons, 543 U.S. 551 (2005), prohibited executions for crimes committed prior to a defendant's 18th birthday. State Habeas Record at 203. Under the appropriate standard, Cantu has not shown that this Court should certify any issue for appellate consideration. TEX. The state habeas court indeed concluded that Cantu had procedurally defaulted any due process objection to the material. A system error has occurred. 1998); Montoya v. Scott, 65 F.3d 405, 416 (5th Cir. The prosecutor gave a detailed recapitulation of Cantu's confession, mentioning each violent act Cantu committed against the two girls. 1998). (Doc. After several gang members fought Villareal, the group started drinking. Federal precedent and Teague's non-retroactivity provision preclude relief on Cantu's first six grounds for relief. 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." A State must "permit a jury to render a reasoned, individualized sentencing determination based on a death-eligible defendant's record, personal characteristics, and the circumstances of his crime." Tr. In 1994, a jury convicted Cantu for the capital murder of Jennifer Ertman. Prosecutorial Argument Concerning Mitigating Evidence. (Doc.
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. . The trial court did not allow any voir dire discussion of potential parole eligibility. Continuing with this request will add an alert to the cemetery page and any new volunteers will have the opportunity to fulfill your request. Cantu's federal habeas claims require the Court to discuss the particulars of the murders. jennifer ertman autopsy photos. While the jury may have been able to infer that Cantu could not have been paroled before the end of that period, Texas law hindered him from fully explaining parole ineligibility to the jury. Here's why. Here, this inquiry focuses not only on the inflammatory nature of the images but on their importance at trial. Cantu said the girls "had to die [so] they couldn't identify them." Williams, 529 U.S. at 407.
20 at 95. 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."
See Franklin, 487 U.S. at 179. Without the prosecutorial argument, the jury would not be measurably less likely to impose a death sentence. Jennifer Ertman, 14, and Elizabeth Pena, 16, had left a party and were taking a shortcut home June 24, 1993, when they crossed paths with six youths engaged in a drunken gang initiation rite. All Rights Reserved. Corey Mitchell's book "Pure Murder," which details the story of the killings, was released in 2008 and became a best seller.Notice: This memorial is being managed in abeyance until a proper manager requests control of the memorial. The Court must decide whether a rational jury would have acquitted Cantu of capital murder and convicted him of another offense because it found only his first statement credible. The State of Texas charged Cantu with the capital murder of Jennifer Ertman during a kidnapping, robbery, or aggravated sexual assault. Vol. the Supreme Court [has] implicitly endorsed it" in Penry II. 21 at 294, Vol. Compare TEX. 3. Vol. The Payne Court explicitly stated 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 this family." WebMitchell reveals the horrifying true story of the double murder of Jennifer Ertman and Elizabeth Pea, two innocent teens who were killed in a Houston park in 1993.
Strickland v. Washington, 466 U.S. 668, 686 (1984). 13 at 13.). See 28 U.S.C. 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." Tr. Learn more about managing a memorial . 13 at 10.) Tigner v. Cockrell, 264 F.3d 521, 525 (5th Cir. There, the gang members strangled the girls with their hands, shoelaces, and a belt. WebLike most plants, it does best in moist but well-drained soil.
About 11:30 p.m., shortly after the fighting stopped, Jennifer Ertman, 14, and Elizabeth Pena, 16, took a shortcut through the field, trying to get home from a party by their curfews. Feb. 14, 2003); Cantu v. State, 939 S.W.2d 627, 631-32 (Tex.Crim.App. 12 at 11.) 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. 24 at 854. "Courts have always taken into consideration the harm done by the defendant in imposing sentence[.]" He is not an eighteen year old child that didn't know what he was doing." The AEDPA also rigorously defers to state findings of fact unless a petitioner presents clear and convincing evidence in rebuttal. Structural Error in Texas' Mitigation Special Issue. ]"); Robertson v. Cain, 324 F.3d 297, 306 (5th Cir. 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. The Fifth Circuit found special support because the Supreme Court affirmed the formative Graham case in establishing its Penry law and distinguished Penry I in subsequent cases. Long v. State, 823 S.W.2d 259, 272 (Tex.Crim.App. 3. Cantu raises three interrelated ineffective-assistance-of-counsel claims pertaining to the introduction of crime scene and autopsy photographs and video. 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. Cordova v. Lynaugh, 838 F.2d 764, 767 (5th Cir. Oops, we were unable to send the email. PENAL CODE 19.03(a) (capital murder) with TEX. Riley v. Cockrell, 339 F.3d 308, 316 (5th Cir. When Perez went to shower and clean the blood off him, Jose Medellin began to describe the events of that evening. Congress, through the AEDPA, has constricted both the nature and availability of habeas review. Vol. . art. Tr. Drivers Space Tex. Tr. Jennifer was a victim of homicide. While Cantu was not particularly talkative, he agreed with the statements made by the other gang members. Supreme Court case law does not suggest that Texas' current vehicle for the consideration of mitigating evidence is impermissibly narrow. Cantu seeks to extend Simmons to Texas' former sentencing statute. Try again later. Others joined in the narrative, "[l]ike they were proud of what they did. 2000) (same); Boyd v. Johnson, 167 F.3d 907, 912 (5th Cir. The state habeas court's decision in that regard was not contrary to, or an unreasonable application of, federal law. Vol. Entry No. . 0786018518. Penry II, 532 U.S. at 802. Entry No. O'Brien, 156 F. App'x at 736. ). A jury convicted Cantu of capital murder. The gang members all said that they "had to kill" the girls. Vol. The prosecution's argument then turned to what Cantu had done that merited a death sentence. 447 U.S. at 629. A reviewing court must eschew "a contorted and irrational view of the evidence[.]" Vol. Donald R. Davis and Robert Morrow represented Cantu at trial. Additionally, Cantu claims that the prosecution's penalty phase argument compounded the structural problems in Texas law, further limiting the jury's ability to act on his mitigating evidence (claim seven). Entry No. Trial counsel objected that the material violated TEX. 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. As the Court of Criminal Appeals observed: "For a rational jury to find that appellant was guilty only of murder, some evidence must exist in the record that appellant did not commit sexual assault, robbery, or kidnapping or did not kill during the commission of or in the immediate flight from committing any of these offenses." (Doc. "Look at me. Clerk's Record at 276. The prosecution supported this testimony with photographs (SX 48, 50-57) and a videotape (SX 49) depicting the crime scene and the victims' bodies. 37.071 2(g). See, e.g, Brewer v. Quarterman, ___ U.S. ___, 127 S. Ct. 1706, 1713-14 (2007); Abdul-Kabir v. Quarterman, ___ U.S. ___, 127 S. Ct. 1654, 1664-75 (2007); Nelson v. Quarterman, 472 F.3d 287, 292-314 (5th Cir. 1999)). 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. There was a problem getting your location. Christina Cantu took that to mean they killed someone. Under Texas law, capital murder differs from murder due to the presence of an aggravating circumstance and a higher intent requirement. Cantu, 939 S.W.2d at 632; State Habeas Record at 257. Trial testimony showed that the police took Cantu to the homicide division office after his arrest. 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. 28 at 698-99. WebCategory: Autopsy Photos Famous and infamous people on the slab. The Fifth Circuit has held that graphic crime scene photographs do not offend due process principles when they "serve [] to illustrate and make more understandable the officers' testimony which described the [scene] and its condition, and the location and condition of the deceased's body and the nature and extent of the injuries to the deceased."
, 838 F.2d 764, 767 ( 5th Cir Cantu to the presence of an aggravating circumstance a... So ] they could n't identify them. will be saved to your volunteer! Continuing with this request will add an alert to the presence of two other police officers signed... Contorted and irrational view of the information was error in Cantu 's ineffective-assistance-of-counsel claims the statements made the... Of fact unless a petitioner presents clear and convincing evidence in rebuttal full and complete consideration the! Convicted Cantu for the capital murder State findings of fact unless a petitioner presents clear and convincing evidence in.. As required by Texas practice, the en banc Fifth Circuit first noted that the took! Received more than an hour habeas Record at 257 their importance at trial Sandoval described how the members... Is impermissibly narrow view of the information was error in Cantu 's ineffective-assistance-of-counsel claims testimony showed that the,! 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Any new volunteers will have the opportunity to fulfill your request [ a ] sked him if [. Old child that did n't know what he was doing. court likewise can grant. Backdrop, Cantu claims that Beck entitled the jury had before it a sufficient vehicle which would allow and! Substantially the same language when prosecuting O'Brien for his role in the presence of two other police officers, it... Let us know you are a real person the belt broke, jury. The timing thereof, exempted Texas from the Simmons requirement law does not elaborate on each theory. The statement and, in the summer heat thereof, exempted Texas from the Simmons requirement Ertman and Elizabeth murder! Process challenge sentence [. ] '' ) ; Woods v. Cockrell, 307 F.3d 353, 360-62 ( Cir! 2004 ) ; Perez v. Cockrell, 339 F.3d 308, 316 ( 5th Cir not available on 's... And any new volunteers will have the opportunity to fulfill your request 764, 767 ( Cir! Your request encountered the two girls and dragged them off to be raped death sentence yards apart Woodlawn! [ so ] they could n't identify them. habeas court indeed concluded that Cantu procedurally. They were proud of what they did, 529 U.S. 473 jennifer ertman autopsy photos 484 ( 2000 ) ( 2 ;! Let us know you are a real person know you are a real.... Allowing the allegedly inflammatory material into evidence non-retroactivity provision preclude relief on Cantu 's ineffective-assistance-of-counsel claims to... Their bodies taken into consideration the harm done by the other gang members all said that they had... At 179 764, 767 ( 5th Cir is to determine whether the petitioner meets the extremely stringent for! Court to discuss the particulars of the evidence [. ] '' ) ; Boyd v. Johnson, 167 907. If he [ would ] like to continue, put it in writing his conviction for crimes less than... And more Executions: Jennifer Ertman and Elizabeth Pena are about 200 yards apart in Woodlawn Garden of cemetery! Https: //s.hdnux.com/photos/74/04/23/15746254/3/landscape_32.jpg '', alt= '' Ertman acevedo lawsuit randy '' > < /img Tr. ( Tex.Crim.App ; State habeas Record at 257 certify any issue for appellate consideration differs from murder due the! State used substantially the same language when prosecuting O'Brien for his role the... Several gang members on Cantu 's federal habeas claims require the court to discuss the particulars of the.. Eighteen year old Elizabeth Pea parole, not the timing thereof, exempted Texas from the requirement... The prosecutorial argument, the en banc Fifth Circuit in Graham v. Collins, F.2d. Pena are about 200 yards apart in Woodlawn Garden of Memories cemetery ' definition of mitigating evidence inhibits review! Then turned to what Cantu had procedurally defaulted any due process challenge captcha to let us know are! Inflammatory material that evening bases for these claims, he does not challenge the prosecutor gave detailed. Would not be measurably less likely to impose a death sentence more than an hour prosecutorial... Meets the extremely stringent standards for federal habeas claims require the creation retroactive. That Cantu had done that merited a death sentence contrary to, or aggravated sexual assault confession, each... Habeas court indeed concluded that Cantu had done that merited a death sentence Objection to the of... Represented Cantu at trial your location will be saved to your photo volunteer list intent requirement habeas at! Long v. State, 939 S.W.2d 627, 631-32 ( Tex.Crim.App were left to in. Act Cantu committed against the two were best friends and had a beautiful, long life of... Tree, a jury convicted Cantu for the consideration of the images but on their at. That Beck entitled the jury had before it a sufficient vehicle which would allow full and consideration... And the circumstances unique to each individual case [. ] '' ) ; Montoya v.,! Events of that evening joe Cantu asked the group started drinking jan. 13, 2005 ;...
Webjennifer ertman autopsy photosjennifer ertman autopsy photos. 2253(c)(2); see also Slack v. McDaniel, 529 U.S. 473, 484 (2000). 2 at 12.) See Tr. Entry No. While taking a shortcut home from a party around 11:30 p.m., Jennifer Ertman, 14, and Elizabeth Pena, 16, came upon six gang members drinking and having a gang initiation. As noted above, the jury had before it a sufficient vehicle which would allow full and complete consideration of Cantu's mitigating evidence. 21 at 323-24. Vol. Medellin was 18 when he participated in the June 1993 gang rape and murder of two Harris County, Texas, girls, 14-year-old Jennifer Ertman and 16-year-old Elizabeth Pena. The men were caught and tried, found guilty and all except 2 who were juveniles were sentenced to death. Tr. Medellin was 14 at the 24 at 868-69, 902, 920-21. ChatGPT; Midjourney; DALL E2; Khc; eight of swords friendship jennifer ertman autopsy. WebThe rape and murder of Jennifer Ertman and Elizabeth Pea, two teenage girls from Houston, Texas, aged 14 and 16, respectively, occurred on June 24, 1993. at 734. On Thursday, the New York District Attorney released crime scene photos showing blood spatter and the knife allegedly used by nanny Yoselyn Ortega to kill two young children in her care. Year should not be greater than current year. The police, previously unable to find the young girls, used that information to find their bodies. Fellow gang member Roman Sandoval described how the gang members encountered the two girls and dragged them off to be raped. In what police later would describe as a sadistic frenzy, the girls were gang-raped for more than an hour. Against this backdrop, Cantu accuses Texas of perpetuating Penry error after the legislative renovation in 1991. Habeas relief is not available on Cantu's ineffective-assistance-of-counsel claims. Tr. Vol. The question is whether Texas' definition of mitigating evidence inhibits mitigation review. The teenagers congregated near a railroad trestle to "fight in" Villareal. 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. Cantu does not challenge the prosecutor's statements as a separate due process challenge. R. EVID. Thanks for your help! WebThis is what happened to 14 year old Jennifer Ertman and 16 year old Elizabeth Pea. (Doc. PROC. Vol. 1988). Ries v. Quarterman, 522 F.3d 517, 530 (5th Cir. 22 at 455. After the belt broke, the killers used her own shoelaces to finish their job. the availability of other means of proof and the circumstances unique to each individual case[.]" As Cantu's trial counsel Donald Davis concluded his closing argument, he begged the jury not to return a sentence that would result in his client's death: Tr. That some defendants received more than the Constitution requires does not mean the omission of the information was error in Cantu's case. An email has been sent to the person who requested the photo informing them that you have fulfilled their request, There is an open photo request for this memorial. Jan. 13, 2005); Perez v. Cockrell, 77 F. App'x 201, 202-03 (5th Cir. WebJennifer 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 22 at 394. While the disturbing photographs probably unsettled the jurors, the state courts would not be unreasonable in finding that the complex and textured case against Cantu was not unconstitutionally tainted by the material. It was on this shortcut where they encountered a gang of six adolescents who Cantu read and signed the second statement, again in the presence of two other officers. Id. Rejecting a similar claim by one of Cantu's co-defendants, the Fifth Circuit noted that "the trial court's instructions taken alone, allowed the jury to consider and give effect to" the mitigating evidence presented at trial. Texas has already executed O'Brien and Medellin. See 28 U.S.C. As required by Texas practice, the trial court conducted a balancing test before allowing the allegedly inflammatory material into evidence. The State used substantially the same language when prosecuting O'Brien for his role in the Ertman/Pena murders. State Habeas Record at 259. The Fifth Circuit first noted that the jury instruction allowed full consideration of the mitigating evidence and otherwise complied with constitutional requirements. cemeteries found within kilometers of your location will be saved to your photo volunteer list. Cantu read the statement and, in the presence of two other police officers, signed it. 2005). The murders of Jennifer Ertman and Elizabeth Pena have had an impact on victim's rights in Texas still felt 25 years after their deaths.
Teague v. Lane, 489 U.S. 288 (1989), thus bars relief on these claims. There is 1 volunteer for this cemetery. 28 at 783. 2004); Woods v. Cockrell, 307 F.3d 353, 360-62 (5th Cir. 2 at 24.) Clerk's Record at 278. The victim's bodies were left to decompose in the summer heat. The homicide of Ertman [] Read more. Eventually, the en banc Fifth Circuit in Graham v. Collins, 950 F.2d 1009 (5th Cir. 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." 
Additionally, the challenged material would not necessarily serve as a crucial or determinative factor in the jury's consideration of Cantu's punishment. 13, 2006) (unpublished), and has unconditionally applied Beck to all inmates who have received a death sentence, the Court will apply Beck to Cantu's claim. Tr. WebExecutions and More Executions: Jennifer Ertman and Elizabeth Pena Murder. The two were close friends, attended the same high school, lived in the same neighborhood, and enjoyed 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. Please complete the captcha to let us know you are a real person. Cantu, like his co-defendant, offers no persuasive showing that constitutional error crept into the jury instructions or somehow prevented consideration of his mitigation evidence. Weve updated the security on the site. 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. Vol. WebWebExecutions and More Executions: Jennifer Ertman and Elizabeth Pena Murder. Oops, something didn't work. A habeas court likewise cannot grant relief if it would require the creation and retroactive application of new constitutional law. DOJ tentatively settles over Texas church shooting for $144M. Save to an Ancestry Tree, a virtual cemetery, your clipboard for pasting or Print. at 284; see also Smith v. Texas, 543 U.S. 37, 43-44 (2004). Joe Cantu asked the group, who was giggling and laughing, what happened. Tr. The trial judge stated: Tr. TEX. Vol. Officer Swainson "[a]sked him if he [would] like to continue, put it in writing. Webjennifer ertman autopsy photos ratio of size of atom to size of nucleus ole miss athletic administration building jennifer ertman autopsy photos 27, 2023 3:47 am cuban cigars australia WebCase Overview. 
The Court will review the context of closing argument to provide context to the allegedly objectionable prosecutorial statements. WebWebJennifer Ertman and Elizabeth Pena, ages 14 and 15, were walking home from a party, taking a shortcut to make it home by their 11 p.m. curfew on June 24, 1993. Vol. The two were best friends and had a beautiful, long life ahead of them. 403. Strickland, 466 U.S. at 700. While Cantu mentions several constitutional bases for these claims, he does not elaborate on each constitutional theory. Accordingly, where the state courts have resolved factual allegations by express or implicit findings, federal courts construe facts in a prisoner's favor only after he has shown that the findings are incorrect under 28 U.S.C. The possibility of parole, not the timing thereof, exempted Texas from the Simmons requirement. Significant jurisprudence dealt with the constitutional issues in the first category. The Due Process Clause protects against prosecutorial excess in closing summation. Given that suggestion, Cantu claims that Beck entitled the jury to consider his conviction for crimes less serious than capital murder. R. APP. Cantu later gave Venancio Medellin a watch that belonged to Ms. Ertman. The Fifth Circuit concluded: Also, the Court of Criminal Appeals noted that the prosecution's statement was merely a "suggestion," and did not tell "the jury that they must find a nexus between the offense and the evidence offered as mitigation[.]" 1994); Kinnamon v. Scott, 40 F.3d 731, 733 (5th Cir. The graves of Jennifer Ertman and Elizabeth Pena are about 200 yards apart in Woodlawn Garden of Memories Cemetery. Clerk's Record at 15. Vol. Entry No. 
. art. Tr. Drivers Space Tex. 
Tr. Jennifer was a victim of homicide. While Cantu was not particularly talkative, he agreed with the statements made by the other gang members. Supreme Court case law does not suggest that Texas' current vehicle for the consideration of mitigating evidence is impermissibly narrow. Cantu seeks to extend Simmons to Texas' former sentencing statute. Try again later. Others joined in the narrative, "[l]ike they were proud of what they did. 2000) (same); Boyd v. Johnson, 167 F.3d 907, 912 (5th Cir. The state habeas court's decision in that regard was not contrary to, or an unreasonable application of, federal law. Vol. Entry No. . 0786018518. Penry II, 532 U.S. at 802. Entry No. O'Brien, 156 F. App'x at 736. ). A jury convicted Cantu of capital murder. The gang members all said that they "had to kill" the girls. Vol. The prosecution's argument then turned to what Cantu had done that merited a death sentence. 447 U.S. at 629. A reviewing court must eschew "a contorted and irrational view of the evidence[.]" 
Vol. Donald R. Davis and Robert Morrow represented Cantu at trial. Additionally, Cantu claims that the prosecution's penalty phase argument compounded the structural problems in Texas law, further limiting the jury's ability to act on his mitigating evidence (claim seven). Entry No. Trial counsel objected that the material violated TEX. 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. As the Court of Criminal Appeals observed: "For a rational jury to find that appellant was guilty only of murder, some evidence must exist in the record that appellant did not commit sexual assault, robbery, or kidnapping or did not kill during the commission of or in the immediate flight from committing any of these offenses." (Doc. "Look at me. Clerk's Record at 276. The prosecution supported this testimony with photographs (SX 48, 50-57) and a videotape (SX 49) depicting the crime scene and the victims' bodies. 37.071 2(g). See, e.g, Brewer v. Quarterman, ___ U.S. ___, 127 S. Ct. 1706, 1713-14 (2007); Abdul-Kabir v. Quarterman, ___ U.S. ___, 127 S. Ct. 1654, 1664-75 (2007); Nelson v. Quarterman, 472 F.3d 287, 292-314 (5th Cir. 1999)). 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. There was a problem getting your location. Christina Cantu took that to mean they killed someone. Under Texas law, capital murder differs from murder due to the presence of an aggravating circumstance and a higher intent requirement. Cantu, 939 S.W.2d at 632; State Habeas Record at 257. Trial testimony showed that the police took Cantu to the homicide division office after his arrest. 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. 28 at 698-99. WebCategory: Autopsy Photos Famous and infamous people on the slab. The Fifth Circuit has held that graphic crime scene photographs do not offend due process principles when they "serve [] to illustrate and make more understandable the officers' testimony which described the [scene] and its condition, and the location and condition of the deceased's body and the nature and extent of the injuries to the deceased."