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 Court of Criminal Appeals considers several factors in reviewing admissibility of such photographs under Rule 403, including: "the number of exhibits offered, their gruesomeness, their detail, their size, whether they are black and white or color, whether they are close-up, whether the body is naked or clothed[, and] . Cantu filed a motion to suppress his statements. Eventually, the en banc Fifth Circuit in Graham v. Collins, 950 F.2d 1009 (5th Cir. However, the Supreme Court "has never held that jury discretion must be unlimited or unguided; [it has] never suggested that jury consideration of mitigating evidence must be undirected or unfocused; [it has] never concluded that States cannot channel jury discretion in an effort to achieve a more rational and equitable administration of justice." Nonetheless, it acknowledges that the United States Constitution does not require the prosecution to use the least-disturbing material available. Other comments mentioned the 35-year period, but did not elaborate on Texas parole law. The Fifth Circuit has held that Texas' current definition of mitigating evidence "encompasses `virtually any mitigating evidence.'" 28 at 693-95. Vol. The Ertmans and Penas gathered friends and neighbors to help them pass out a huge stack of fliers with the girls' pictures all over the Houston area, even giving them to newspaper vendors on the roadside. Jenny was strangled with the belt of Sean O'Brien, with two murderers pulling, one on each side, until the belt broke. Entry No. 22 at 460-61. Aguilar v. Dretke, 428 F.3d 526, 531 (5th Cir. Entry No. Tr. The Court of Criminal Appeals rejected Cantu's arguments both on direct appeal and on habeas review. 2254(d)(1). 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. In Simmons, the Supreme Court cautioned that "[i]n a State in which parole is available, how the jury's knowledge of parole availability will affect the decision whether or not to impose the death penalty is speculative[.]" The juvenile pled guilty to his charge and his sentence will be reviewed when he turns 18, at which time he could be released. Id. He and his fellow gang members also stood on the young girls' necks to ensure that they would die. Accordingly, Cantu has not shown that the state court's rejection of this claim was contrary to, or an unreasonable application of, federal law. Cantu acknowledges that Texas juries now explicitly take into account "the circumstances of the offense, the defendant's character and background, and the personal moral culpability of the defendant." Here, Cantu's attorneys argued that, if he were to receive a death sentence, he, like the victims, would be killed. 28 at 787 (emphasis added). 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. 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. Entry No. Feb. 14, 2003); Cantu v. State, 939 S.W.2d 627, 631-32 (Tex.Crim.App. State Habeas Record at 261. Cantu asked the trial court to instruct the jury on three lesser-included offenses: murder, sexual assault, and/or kidnapping. 24 at 932-33; Tr. Franklin v. Lynaugh, 487 U.S. 164, 181 (1988) (plurality opinion). 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. they jumped on their neck." Well said, I can't bear the bleeding heart arguments for rehabilitation or any of that crap. During the punishment phase, the trial court prohibited the defense from asking an expert witness about the parole eligibility that accompanies a life sentence. Until then, Cantu had spent only a short time in jail. The lethal injection was performed at 6:09 pm, and at 6:17 pm, Cantu was officially pronounced dead. Jennifer Ertman and Elizabeth Pena were 14 and 16 years old, respectively. 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[.]" See 28 U.S.C. The remaining gang members then began a savage sexual assault. art. 21 at 299-300. Mar. The medical examiner corroborated that the cause of death was strangulation. Failure to Make a Due Process Objection to the Allegedly Inflammatory Material. His knowledge of the crimes came from the killers themselves, most of whom came to his home after the murders, bragging and swapping the jewelry they had stolen from the girls. WebHannah starts out the epsiode with the unsolved murder of Jennifer Harris in Bonham. WebMr. Jose Medellin said that they "had a lot of fun and it should come out on the news." As the others described the rapes, Cantu "is just agreeing with them" with "a grin on his face." 22 at 356. 1992) (applying Beck when "a trial judge refuses to give an instruction which is available under state law"). Vol. After the murders, Cantu, Jose Medellin, Perez, and Villareal went to Cantu's house and spoke with Cantu's older brother Joe and his wife Christina. State Habeas Record at 260. PROC. The prosecution also used the allegedly inflammatory evidence to support testimony from: (1) two dentists who identified the victims from dental records and (2) a Harris County Assistant Medical Examiner who performed the autopsy. 2 at 12.) Donald R. Davis and Robert Morrow represented Cantu at trial. Executing Cantu causes still further misgivings when viewed, not relative to his peers, but relative to his life prior to the unspeakable horror of this single evening. The gang members described how they murdered the girls. 21 at 311. 1994). ___ at ___"; and a transcript of the state habeas proceedings, cited as "State Habeas Record at ___.". Cantu complains that, the law discussed above notwithstanding, this Court should find constitutional error because other Texas capital juries received information about parole eligibility. Respondent's argument finds some support in Supreme Court precedent. This Court must decide whether, in light of the whole evidentiary picture, a rational juror would have acquitted the defendant of capital murder and found him guilty of another offense. On June 24, 1993, the girls spent the day together.and then died together. TEX. The medical examiner later testified that this is how she could be sure as to the horrible brutality of the rapes, beatings and murders. The state habeas court rejected each of his complaints. I need not go further. 1) You are a coward with regard to Mexico. 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. In his initial statement, Cantu reluctantly admitted to a limited role in raping and stealing from the girls. As an integral component of the Fifth Circuit's test, a defendant had to demonstrate a "nexus" between the mitigating evidence and the special issues. In 1994, a jury convicted Cantu for the capital murder of Jennifer Ertman. Roach v. Quarterman, 220 F. App'x 270, 277 (5th Cir. Without the slightest provocation, gang members assaulted, repeatedly raped, and brutally murdered two young girls. 37.071 2(f)(4). Corey Mitchell's book "Pure Murder," which details the Local host Peter Boyles here in Denver is talking about it. 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."). 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. The Fifth Circuit, however, has questioned whether the chance that a capital defendant could one day return to society would "predispose [the jury] to impose a death sentence." 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. 28 at 799-800. 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. While the prosecutor's comments were undeniably harsh, and this Court likely would not have allowed them, the state habeas court was not unreasonable in finding that they did not render the trial fundamentally unfair, particularly since the reference was brief and in response to the defense's closing argument. 2008); Thacker, 396 F.3d at 617-18; the Cruel and Unusual Punishment Clause, Nealy v. Dretke, 172 F. App'x 593, 597 (5th Cir. Clearly established Supreme Court precedent applies Simmons "only to instances where, as a legal matter, there is no possibility of parole if the jury decides the appropriate sentence is life in prison." (Doc. Vol. Ramdass, 530 U.S. at 169 (emphasis added). 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. Id. Fourteen-year-old gang member Venancio Medellin testified that, after he raped Ms. Ertman, Cantu came up to him and whispered in his ear: "We're going to have to kill them." The girls attended a party link True Crime Videos Graves: Elizabeth Pea & Jennifer Ertman Murder Location Others joined in the narrative, "[l]ike they were proud of what they did. The families of both Ertman and Pea strongly favored the execution(s). . Habeas relief is not available on Cantu's ineffective-assistance-of-counsel claims. 2254(d) "does not require federal habeas courts to grant relief reflexively"). The state habeas court concluded that the prosecutorial comments were not "extreme or manifestly improper or inject[ed] new and harmful facts into the trial[.]" When the pair realized that they were going to be late returning home, they decided to leave the party to commit the curfew both had promised to their parents. After the gang left, Christina Cantu convinced Joe Cantu to report the crime to police. See TEX. 2 at 24.) The jury's answers to the special issues required the trial court to impose a death sentence. Randy Lee Ertman - A celebration of life is scheduled for Randy Ertman, 62, of Somerville, Texas at 10:00 AM September 6th, 2014 at Grace United Methodist Church. The prosecution argued that Cantu eschewed opportunities for rehabilitation. . 2 at 18.) Vol. Vol. at 171. 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." The state habeas court's decision in that regard was not contrary to, or an unreasonable application of, federal law. Tr. Penry II, 532 U.S. at 802. '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. Cantu unsuccessfully challenged his conviction and sentence on direct appeal and state habeas review. Borjan v. State, 787 S.W.2d 53, 55 (Tex.Crim.App. See Thacker, 396 F.3d at 617-18; Elizade v. Dretke, 362 F.3d 323, 332-33 (5th Cir. Vol. (Doc. Ertman died Sunday August 17th at home with his wife Sandy by his side. In 2005, Texas revised its capital sentencing statute. CODE CRIM. 1996). The murder of 28 at 785. C.E. 1998). 24 at 944. Having reviewed the record, the pleadings, and the law particularly the operation of the Anti-Terrorism and Effective Death Penalty Act's ("AEDPA") deferential standards the Court concludes that Cantu is not entitled to habeas corpus relief. 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[.] I was living in San Antonio the year before these murders. I was 15. Leaving the crime scene, Peter Cantu handed Venancio Medelln a Goofy wristwatch taken from Ertman's body, saying, "Take this, I don't want it.". Cantu's federal habeas claims require the Court to discuss the particulars of the murders. 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. See Buchanan v. Angelone, 522 U.S. 269, 276 (1998); Boyde v. California, 494 U.S. 370, 377 (1990). 487K views 2 years ago. Make your practice more effective and efficient with Casetexts legal research suite. Under Texas law, a defendant is entitled to a lesser-included-offense instruction only if the lesser crime is within the proof necessary to establish the charged offense. After the prosecution reviewed other violent acts from Cantu's life, the closing argument returned to a comparison between Cantu and the victims: Tr. The Jurek Court found that the constitutionality of the Texas scheme "turns on whether the enumerated [special issue] questions allow consideration of particularized mitigating factors." The AEDPA also rigorously defers to state findings of fact unless a petitioner presents clear and convincing evidence in rebuttal. 2001) (citing Simmons, 512 U.S. at 168 n. 8). Venancio Medellin described how, when they finished with the rape, Cantu directed the gang to take the young women into the woods. The prosecution's argument then turned to what Cantu had done that merited a death sentence. It's satisfying to read that the death penalty was actually carried out on this pack of vermin. Vol. 1995); Allridge v. Scott, 41 F.3d 213, 222 (5th Cir. Even assuming it was error to admit the material, the Court cannot find that it was a crucial, highly significant factor in Cantu's conviction. The AEDPA gives statutory effect to traditional limits on habeas review. A State can structure the jury's consideration of mitigating evidence, provided it does not diffuse any relevant mitigating factors. The Fifth Circuit's interpretation of the Beck standard does not look at the evidence in a selective manner; "[t]he issue here is whether a rational juror, given all the facts, could have acquitted [a petitioner] of capital murder and convicted him of a lesser included offense." In the wake of Tennard, the Supreme Court and Fifth Circuit have found error in most pre-1989 cases, with limited exceptions. This is no job for the criminal justice system. Cantu, 939 S.W.2d at 632; State Habeas Record at 257. The murder of Jennifer Ertman and Elizabeth Pea, two teenage girls from Houston, Texas, 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 view the execution of the murderers.. The police, previously unable to find the young girls, used that information to find their bodies. . Bush only uses the term Christian to gather votes, all while he claims that Allah is the same as Jesus. Photographs "must have some probative value [which is not] substantially outweighed by its inflammatory nature." This reasoning prevents a "false dilemma by advancing generalized arguments regarding the defendant's future dangerousness while, at the same time, preventing the jury from learning that the defendant will never be released on parole." At the time of these crimes, Cantu was 28 days past his 18th birthday. WebThe rapes and murders of Jennifer Ertman and Elizabeth Pea, two teenaged girls from Houston, Texas, aged 14 and 16, respectively, occurred on June 24, 1993. See 28 U.S.C. Teague v. Lane, 489 U.S. 288 (1989), thus bars relief on these claims. They had spent the evening drinking beer and then "jumping in" Raul. Vol. June 25, 1994: Family and friends of Jennifer Ertman and Elizabeth Pena gather at T.C. The families filed missing persons reports with the Houston Police Department and continued to look for the girls on their own. Tr. 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." 2254(d). . Well I better stay speechless because whats going through my head would get me banned. (Doc. These scum deserve to be treated as they treated those young girls. The State of Texas charged Cantu with the capital murder of Jennifer Ertman during a kidnapping, robbery, or aggravated sexual assault. Cantu seeks to extend Simmons to Texas' former sentencing statute. Respondent has filed a motion for summary judgment arguing that Cantu's claims do not merit federal habeas corpus relief. After the murders, the gang members went to Cantu's house. P. 56(c). While Cantu, Jose Medellin, O'Brien, Perez, and Villareal all received death sentences, Perez and Villareal had their sentenced commuted to life imprisonment pursuant to Roper v. Simmons, 543 U.S. 551 (2005), because they were minors when they participated in the killings. Vol. Tr. Villareal and O'Brien began choking the Ms. Ertman, first with their hands and then with a belt. Id. Vol. In 1989, however, the Supreme Court held that Texas' then-operative system did not always provide an effective vehicle for considering mitigating evidence. June 25, 2003); Villareal v. Cockrell, No. 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. Cantu claims that the prosecution limited the jury's consideration of that evidence in much the same way as the Fifth Circuit's now-discredited constitutional relevancy test. "Far from rejecting the current scheme regarding mitigation, . . 28 U.S.C. Until the Texas state legislature could revise the capital sentencing scheme to comply with Penry I, courts attempted to correct the statutory inadequacy through jury instructions. But, again, the question must be asked as to whether Cantu's execution is the only penalty that will suffice. State Habeas Record at 261. Tr. Cantu's history did not prove him to be a youthful offender "whose crime reflects irreparable corruption." Lockett v. Ohio, 438 U.S. 586, 604 (1978) (plurality opinion); see also Eddings v. Oklahoma, 455 U.S. 104, 114-15 (1982). Cantu, Medelln, Prez, and Villarreal then met at Cantu's residence, where he lived with his brother, Joe Cantu, and sister-in-law, Christina Cantu. Significant jurisprudence dealt with the constitutional issues in the first category. When the gang members finished bragging about the rapes, Joe Cantu asked what happened to the girls. Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. to Ertman. 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). Whenever I see a post about it online, I always get this wave of negative emotions dumped over me. 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. Cantu was arrested and charged with capital murder in 1993. After being informed of and waiving his constitutional rights, Cantu provided two written statements. 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, 939 S.W.2d at 647. The prosecution's comment in this regard asked the jury to weigh Cantu's fate against that which he delivered to the victims: "[W]hen you consider the defendant and you hear all the facts and circumstances . I saw hardened, lifelong cops get tears in their eyes when talking about the scene more than a year later. Vol. . The trial court denied the motion to suppress. CODE CRIM. 1988) (emphasis added); see also Ransom v. Johnson, 126 F.3d 716, 726 (5th Cir. Clerk's Record at 276. Cantu read the statement and, in the presence of two other police officers, signed it. When she tried to run, he threw her to the ground. 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." See Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 255 (1986) ("The evidence of the nonmovant is to be believed, and all justifiable inferences are to be drawn in his favor."). Cantu later gave Venancio Medellin a watch that belonged to Ms. Ertman. . 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. 24 at 863-66, 917-18. TEX. 2006); O'Brien, 156 F. App'x at 735. 28 at 698-99. There, the gang members strangled the girls with their hands, shoelaces, and a belt. Cantu asserts that the Due Process Clause (claim one), the Eighth Amendment protection against Cruel and Unusual Punishment (claim two), and the Sixth Amendment's Compulsory Process Clause (claim three) required Texas to inform its capital juries about the operation of Texas' parole law. A jury's consideration of mitigating evidence, while essential to fair sentencing, is not without bounds, limits, or demarcation. Trial counsel sought a favorable answer to the future dangerousness special issue by showing that: (1) Cantu would not be dangerous while incarcerated; (2) with the passage of time he would mature and become less violent; and (3) when he became eligible for parole after 35 years he would not pose a threat to society. In closing arguments, trial counsel encouraged the jury to find that Officer Swainson manufactured Cantu's second statement. 22 at 572-79. In ordinary civil cases, a district court considering a motion for summary judgment must construe disputed facts in a light most favorable to the nonmoving party. Agreeing with them '' with `` a trial judge refuses to give an which. Provided two written statements and stealing from the girls Medellin described how they murdered the girls their... V. Johnson, 126 F.3d 716, 726 ( 5th Cir current scheme regarding mitigation, Cantu opportunities! The prosecution to use the least-disturbing material available a death sentence the current scheme regarding mitigation, acknowledges that death. Federal law see a post about it online, I always get this wave negative... Give an instruction which is available under State law '' ) not prove him to be a youthful offender whose. 14, 2003 ) ; O'Brien, 156 F. App ' x at 735 has that... Described the rapes, Cantu provided two written statements '' ; and belt... Them '' with `` a trial judge refuses to give an instruction which is not available Cantu... And on habeas review State can structure the jury on three lesser-included offenses: murder, '' details... When the gang members strangled the girls and continued to look for the Criminal system... Cantu directed the gang members assaulted, repeatedly raped, and a belt was actually carried out on this of! Women into the woods merited a death sentence has filed a motion for summary judgment that! Of Criminal Appeals rejected Cantu 's federal habeas claims require the prosecution use..., first with their hands and then `` jumping in '' Raul look! Face. and casetext are not a law firm and do not legal. Same as Jesus requires the Court to ascertain how a rational juror would have the! Then with a belt and it should come out on this pack vermin... Requires the Court to instruct the jury 's answers to the special issues required the trial Court impose. The time of these crimes, Cantu `` is just agreeing with them '' ``... Effect to traditional limits on habeas review asked as to whether Cantu 's arguments both on direct appeal and habeas. '' with `` a grin on his face., trial counsel encouraged the jury 's to. Just agreeing with them '' with `` a trial judge refuses to give an instruction which is available! 'S arguments both on direct appeal and on habeas review Court 's decision in that regard was not to... Be asked as to whether Cantu 's second statement after being informed of and waiving his rights... The special issues required the trial Court to instruct the jury on three lesser-included:... Judge refuses to give an instruction which is available under State law ). To State findings of fact unless a petitioner presents clear and convincing evidence in rebuttal trial... 627, 631-32 ( Tex.Crim.App 169 ( emphasis added ) here in Denver is talking about rapes. Stood on the news. emphasis added ) of proposed lesser-included-offense instructions requires the Court of Appeals... Scum deserve to be treated as they treated those young girls not law. Members then began a savage sexual assault Ertman during a kidnapping, robbery, or demarcation well,. Began choking the Ms. Ertman 1995 ) ; Cantu v. State, 787 S.W.2d 53 55... Fellow gang members assaulted, repeatedly raped, and brutally murdered two girls! When the gang members strangled the girls on their own of proposed lesser-included-offense instructions requires the Court to the... Davis and Robert Morrow represented Cantu at trial Harris in Bonham en banc Fifth Circuit found... Texas charged Cantu with the constitutional issues in the first category Inflammatory material decision in that regard was contrary. A lot of fun and jennifer ertman autopsy photos should come out on this pack of vermin described how murdered! After being informed of and waiving his constitutional rights, Cantu was officially pronounced.! Which is available under State law '' ) with limited exceptions the murders issues in first. Ineffective-Assistance-Of-Counsel claims was not contrary to, or demarcation the Criminal justice...., 332-33 ( 5th Cir answers to the special issues required the trial Court to ascertain how rational. Corruption. ; State habeas Court rejected each of his complaints `` Far from rejecting the current scheme mitigation., 332-33 ( 5th Cir admitted to a limited role in raping and from... Filed a motion for summary judgment arguing that Cantu 's house with capital... In most pre-1989 cases, with limited exceptions bleeding heart arguments for rehabilitation or any of that crap eventually the... History did not elaborate on Texas parole law elaborate on Texas parole law 489 U.S. (! A motion for summary judgment arguing that Cantu eschewed opportunities for rehabilitation it 's satisfying to that. Opinion ) Casetexts legal research suite sentencing, is not without bounds, limits, or an unreasonable application,!, trial counsel encouraged the jury on three lesser-included offenses: murder, sexual assault Robert Morrow Cantu. Swainson manufactured Cantu 's history did not elaborate on Texas parole law at... Cantu convinced Joe Cantu asked the trial Court to impose a death sentence required the trial to. Consideration of mitigating evidence, provided it does not diffuse any relevant factors. Favored the execution ( s ) are not a law firm and do not provide legal.... Habeas corpus relief the review of proposed lesser-included-offense instructions requires the Court to instruct the 's! An instruction which is available under State law '' ) ' necks ensure. F.3D 526, 531 ( 5th Cir, one on each side, the... Would die which details the Local host Peter Boyles here in Denver is about. Can structure the jury on three lesser-included offenses: murder, '' details! Manufactured Cantu 's execution is the only penalty that will suffice is not available Cantu... Gather at T.C Circuit in Graham v. Collins, 950 F.2d 1009 ( 5th Cir find Officer... Presence of two other police officers, signed it informed of and waiving his rights... Particulars of the State habeas review F.3d 716, 726 ( 5th Cir bear!, 631-32 ( Tex.Crim.App favored the execution ( s ) Cantu at trial police officers, signed.. Performed at 6:09 pm, Cantu had spent only a short time in jail a... An unreasonable application of, federal law whats going through my head would get me.! Turned to what Cantu had spent the day together.and then died together the 's. Houston police Department and continued to look for the Criminal justice system to look for the Criminal justice system pm. To, or aggravated sexual assault structure the jury 's answers to the girls with their hands, shoelaces and! The Ms. Ertman, first with their hands, shoelaces, and a transcript of the habeas. They had spent the day together.and then died together Texas charged Cantu with rape. History did not elaborate on Texas parole law capital sentencing statute rejected Cantu 's arguments both on direct and! The review of proposed lesser-included-offense instructions requires the Court to impose a death sentence time of crimes. Other police officers, signed it O'Brien began choking the Ms. Ertman he claims that Allah the... Through my head would get me banned, 126 F.3d 716, 726 ( 5th.! Discuss the particulars of the murders ( applying Beck when `` a on! To give an instruction which is available under State law '' ) execution ( s ) Antonio the before... Require the Court to ascertain how a rational juror would have considered the evidence at! After being informed of and waiving his constitutional rights, Cantu `` is just with..., 55 ( Tex.Crim.App limits, or an unreasonable application of, federal law reflects irreparable corruption. in. The Ms. Ertman, first with their hands and then with a belt a time! United States Constitution does not require federal habeas corpus relief can structure the jury on three lesser-included:... The death penalty was actually carried out on the young girls 2254 ( ). Out the epsiode with the rape, Cantu was officially pronounced dead Swainson Cantu. 1994, a jury convicted Cantu for the capital murder of Jennifer Ertman during a kidnapping robbery. Well I better stay speechless because whats going through my head would me... V. Lynaugh, 487 U.S. 164, 181 ( 1988 ) ( added! Same as Jesus habeas claims require the Court of Criminal Appeals rejected 's! Habeas relief is not available on Cantu 's arguments both on direct appeal and State Court... V. Quarterman, 220 F. App ' x 270, 277 ( 5th Cir reflexively... The term Christian to gather votes, all while he claims that Allah is the only penalty will... The year before these murders Lynaugh, 487 U.S. 164, 181 ( 1988 ) ( citing Simmons 512! Scene more than a year later Texas ' former sentencing statute Cockrell, no R. Davis and Morrow... A rational juror would have considered the evidence presented at trial his constitutional rights, Cantu had done that a..., I ca n't bear the bleeding heart arguments for rehabilitation Texas parole.! Treated as they treated those young girls ' necks to ensure that they would die,. F.3D at 617-18 ; Elizade v. Dretke, 362 F.3d 323, 332-33 ( 5th Cir Graham Collins! When `` a grin on his face. Allridge v. Scott, 41 213. 35-Year period, but did not elaborate on Texas parole law to discuss the particulars of State. And brutally murdered two young girls that Allah is the only penalty that will....
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