2052. To send flowers Appellant's claimed error could have been corrected easily if he had timely called it to the court's attention by making a contemporaneous objection.
They decided to take a shortcut across the railroad tracks. The police were then able to find the badly decomposed remains of Ms. Ertman and Ms. Pena. A rational jury could not have found that appellant did not intend to kill the victim. "It does make a little difference. Required fields are marked *.
3. the forethought and deliberateness exhibited by the crime's execution;
Texas Metal's Custom Trucks Bag $310,750 at Mecum Auctions Houston Pete Cantu in TX - Address & Phone Number | Whitepages
Garcia v. State, 887 S.W.2d 846, 859 (Tex.Crim.App.1994), cert. ", The case horrified Houston. We decline to do so. Seven minutes later, O'Brien was dead. See Rousseau, 855 S.W.2d at 686-87; Felder v. State, 848 S.W.2d 85, 101 (Tex.Crim.App.1992), cert. Proc. denied, 513 U.S. 967, 115 S.Ct. In related point of error twenty-four, appellant claims that the trial court erred in not including in the punishment charge special verdict forms listing the elements of each unadjudicated offense admitted by the State.
Direct appeal is automatic. 315 Followers, 680 Following, 22 Posts - See Instagram photos and videos from Pedro Cantu (@pedro_cantu_97) pedro_cantu_97. LAST NOTE PRODUCTIONS-Pete Cantu part 2 of 4Elgin's 23rd annual Hogeye Festival elgin Texas 10-23-2010. 2187) (omission and alterations in original). Seventeen years is a long time to have something eating on you like that. 1339, 127 L.Ed.2d 687 (1994), Nelson v. State, 864 S.W.2d 496, 498 (Tex.Crim.App.1993), cert. However, we affirmed the original holding on appeal. Robinson v. State, 851 S.W.2d 216, 232 (Tex.Crim.App.1991), cert.
Nowhere will you find the court instructing you that you have to find any evidence that you've heard in this case mitigating. Two brothers who had been with them but testified that they were not in the gang left first and passed Jenny and Elizabeth, who were unknowingly walking towards their deaths. 2113, 147 L.Ed.2d 125 (2000) (emphasis added). Jennifer Ertman's dad, Randy Ertman, was about to give an interview regarding the missing girls to a local television reporter when the call came over a cameraman's police scanner that two bodies had been found.
Pete Cantu Profiles | Facebook Jester Park. 2/4/10 -- Cantu filed a petition for certiorari review in the U.S. Supreme Court. A capital sentencer need not be instructed how to weigh any particular mitigating fact in the capital sentencing decision. You are further instructed that if there is any testimony before you in this case regarding the defendant's having committed offenses other than the offense alleged against him in the indictment, you cannot consider said testimony for any purpose unless you find and believe beyond a reasonable doubt that the defendant committed such other offenses, if any were committed, and even then you may only consider the same in determining the answers to the special issues. Accordingly, appellant waived any error by his failure to object to the procedure used by the trial court in its entering of his plea before the jury. When Cantu looked away, Ertman yelled at him, "Look at me look at me good!". Hell, no.". 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. 16th murderer executed in Texas in 2010
* that appellant threatened another student's father, saying that he wanted to kill him;
He was booked into the Guadalupe County Jail for theft of a vehicle and evading arrest, along with a separate charge of possession of a controlled substance. In this regard, this point is inadequately briefed and presents nothing for our review. 1.
Randy commandeered the news van and went to the scene that was now bustling with police activity. Given the sparsity of the victim impact evidence, the fact that it was not mentioned by the State during arguments (appellant did briefly refer to this testimony during his punishment arguments), and the overwhelming focus during the punishment phase on appellant's behavior and the circumstances of the offense, we conclude the victim impact evidence made no contribution to punishment. These arguments are unavailing. Point of error forty-three is overruled.
The state court concluded that Cantu's counsel's performance was not deficient because the prosecution's statements were proper under Texas law and did not inject new or harmful facts into the trial in light of the record as a whole. The jury is not required to specifically identify what evidence it specifically uses to find that a fact is true beyond a reasonable doubt, and extraneous offenses should not be an exception to this. In Rousseau, 855 S.W.2d at 673, we established a two-prong test to determine whether a defendant is entitled to a charge on a lesser included offense. ^ D'Alessandro, Anthony (January 22, 2022). In this review, we do not attempt to determine what a particular jury subjectively believed. Cantu walked in as the rest were recounting their exploits to his older brother and sister-in-law, Joe and Christina Cantu, in graphic detail. While a complete account of the facts is available in the district court's memorandum and order denying Cantu's federal habeas petition, we briefly summarize the grisly details that led to Cantu's conviction. In determining whether jury argument is extreme or manifestly improper, we look at the entire record of final arguments to determine if there was a willful and calculated effort on the part of the State to deprive appellant of a fair and impartial trial. (Page 2) Later that night, Perez, Villareal, and Jose Medellin met at the house where Cantu lived with his older brother and sister-in-law, Joe and Christina Cantu.
3202, 105 L.Ed.2d 709 (1989); Tucker v. State, 771 S.W.2d 523, 530 (Tex.Crim.App.1988), cert. 1977 Herb Ferrill - North Texas State 1978 Oton Guerrero - Pan-American University 1979 Dave Mennen - Houston Baptist 1980 J.C. Trevio, Jr. - Laredo . By requiring the jury to at least consider a mitigating factor, the statute would survive constitutional scrutiny.
Some carried signs but none chanted or spoke loudly. Appellant has not done this. For the following reasons, we deny a certificate of appealability on all of the issues that he raises. Points of error twenty-five through twenty-seven are overruled. Messages run for up to one year and you Missing from the list this year are such veteran Forbes 400 members as Red McCombs ($1.25 billion) and T. Boone Pickens ($950 million). 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. Appellant's argument is purely based on statistical studies allegedly showing that, in Texas, the death penalty is more likely to be assessed when the victim is white than when the victim is a member of a racial minority. Finding no reversible error, we affirm the judgment of the trial court. 2. the calculated nature of the defendant's acts;
In that case, a 27-year-old woman was found at a Houston park with her throat cut. Background: Following affirmance of his conviction for capital murder and his death sentence, 939 S.W.2d 627, state inmate filed petition for writ of habeas corpus. Testimony showed that Jenny had gotten free and could have run away but returned to Elizabeth when she cried out for Jenny to help her. 946, 952 (5th Cir.2004) (emphasis added); cf. When confronted with the evidence, O'Brien admitted his involvement in Patricia's murder.
Holdings: The Court of Appeals held that:
There is no evidence that must be viewed by a juror as being per se mitigating. Cantu v. Quarterman, No. Arrangements are entrusted to Holmgreen Mortuary, 2061 East Main Street, Alice, Texas. Thus, reasonable jurists would not-and have not-disagreed with the district court's resolution of this claim, and we deny a COA as to this issue. Therefore, if he asserts that any evidence presented during the guilt/innocence phase constitutes inadmissible victim impact evidence, he has not preserved that complaint for appellate review. 1997). 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. Graveside services and interment followed in the St. Marys Catholic Cemetery. In contrast, in Smith v. State, 919 S.W.2d 96 (Tex.Crim.App.1996) (plurality op. We have already addressed this issue and decided it adversely to appellant's position. , 45, was charged in the theft of more than $6,400 in sausage from the Kiolbassa Provision Company. Some of the girls' jewelry was recovered from his bedroom. (AP August 17, 2010).
A State may legitimately conclude that evidence about the victim and about the impact of the murder on the victim's family is relevant to the jury's decision as to whether or not the death penalty should be imposed. View Source Share Save to Suggest Edits Memorial Photos Flowers Memorials Region North America USA Texas Both this Court in Hughes, 897 S.W.2d at 294, and the United States Supreme Court in Pulley v. Harris, 465 U.S. 37, 104 S.Ct.
Peter Cantu in TX - Address & Phone Number | Whitepages The third man was given 40 years in prison and is eligible for parole. On June 24, 1993, the group was conducting a fight-filled initiation ceremony for a prospective member across from.
9/23/93 -- Cantu was indicted for capital murder by a Harris County grand jury. Therefore, if you find, or have a reasonable doubt thereof, that the defendant at the time of the commission of the offense for which he is on trial, was laboring under mental or physical incapacity caused by voluntary intoxication, then you may take such condition into consideration in mitigation of the penalty attached to the offense for which the defendant is being tried. The police traced the 9-1-1 call to Cantu's home. Work history: Acw Specialties Sheet Metal Worker.
Peter Anthony Cantu Execution: Mastermind of Jennifer Ertman and Id. 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.
Prosecutors say Cantu was the leader of a group of six teenage gang members who took part in the attack. You know, if you got the law you argue the law, if you got the facts you argue the facts, if you don't have either the law or the facts you don't have anything. He was friendly and never met a stranger. This guy is more than just a car's outer appearance.
Peter Anthony Cantu Executed for Jennifer Ertman and - CBS News Well, this is a sanitized and civilized killing that we have for Peter Cantu. Does it justify it? [WITNESS:] He is just agreeing with them. Article 37.071 2(a) (as amended by the 1991 Legislature) is the same as the older Article 37.071(g) (Vernon 1990) with only minor changes. Appellant alleges that this denial violated the Eighth Amendment. Expressions of sympathy may be sent at www.schaetter.com. The Antiterrorism and Effective Death Penalty Act (AEDPA) requires a petitioner to obtain a COA in order to appeal the district court's denial of his habeas petition. It should also be noted that the statements were made in the presence of appellant's brother (a gang member himself) and his sister-in-law and thus the speakers reasonably felt they could confide in them and had no motivation to lie or place the blame for the crime on someone else. at *24.
Leave your condolences to the family on this memorial page or send flowers to show you care. In his petition for COA, Cantu argues that admitting the photographs violated due process-and, therefore, his counsel was ineffective-because the prejudicial effect of the photos greatly outweighed their probative value. * * *
All of the participants were then arrested, and, while in custody, Cantu provided two written statements to the police. Houston police researched older cases and found a possible match with the unsolved murder of Patricia Lourdes Lopez. Jester Park when Ertman, 14, and Pena, 16, crossed their paths while taking a shortcut home. denied, 506 U.S. 942, 113 S.Ct. With the final execution completed, Pena said the two murdered girls can finally have peace. Petitioner Peter Anthony Cantu, a Texas inmate, was convicted of capital murder and sentenced to death. He told the call taker that the missing girls' bodies could be found near T.C. At his sentencing for the Ertman-Pena case, the judge asked Cantu if there was any reason the sentence shouldn't be imposed.
He has declined to speak with reporters as his execution date neared.
Peter Cantu, on Death Row since 1994, executed by the State of Texas on 17 th August 2010. We decline to revisit this issue here. Each juror may or may not believe certain evidence is mitigating; however, the constitution only requires that where a juror believes there is relevant mitigating evidence, that juror must have a vehicle to give his or her reasoned moral response to such evidence. Tex.R.App. As such, we note only that informing the jury of their failure to agree on the answer to a special issue is expressly forbidden by Article 37.071 2(a). Every memory left on the online obituary will be automatically included in the book. The arrogance of the crime combined with the horror of it galvanized the entire city of Houston against the six gang members. art. Article 27.16 states that:
Furthermore, the father, who came upon the bloody scene after the perpetrators had fled, testified about how he had been affected by his son's death and about how he felt sorry for his daughters now. Pete Cantu. Cantu seeks a COA on five issues: (1) whether due process requires the state trial court to inform the jury that, if sentenced to life in prison instead of death, Cantu would be eligible for parole after thirty-five years; (2) whether the district court's determination not to instruct the jury on lesser-included offenses violated the Eighth Amendment; (3) whether the way Texas places mitigating evidence before the jury violates the Eighth Amendment; FN1 (4) whether Cantu was rendered ineffective assistance of counsel because his trial counsel did not object on due process grounds to the trial court's admitting photographs that depicted the victims' bodies and the crime scene; and (5) whether Cantu was rendered ineffective assistance because his trial counsel did not object to the prosecution's sentencing-phase argument urging the jury to consider those photographs.