. The Fifth Circuit has held that the use of the term "moral blameworthiness" does not prevent the jury from considering mitigating circumstances because "[v]irtually any mitigating evidence is capable of being viewed as having some bearing on the defendant's `moral culpability'" apart from the concerns identified in the other special issues. The admissibility of evidence is generally a matter of state evidentiary law. 22 at 572-79. Tex. Jennifer Ertman and Elizabeth Pena were 14 and 16 years old, respectively. Beazley, 242 F.3d at 260. Their 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with great potential to succeed, both in his interpersonal relationships and in a career, but who became frustrated, withdrawn and belligerent as a teenager on account of his learning disability and speech problems, and by the death of his grandfather." . State Habeas Record at 261. Cantu was again informed of and waived his rights. Khch hng ca chng ti bao gm nhng hiu thuc ln, ca hng M & B, ca hng chi, chui nh sch cng cc ca hng chuyn v dng v chi tr em. In the second version, he implicated himself in the rape and murder. That guy was a fucking monster. Vol. Tr. Ries v. Quarterman, 522 F.3d 517, 530 (5th Cir. The prosecution responded by comparing the legal process by which Cantu could receive a death sentence to the brutal murders. Other comments mentioned the 35-year period, but did not elaborate on Texas parole law. Buchanan v. Angelone, 522 U.S. 269, 276 (1998); see also Franklin, 487 U.S. at 179. WebJune 25, 1994: Family and friends of Jennifer Ertman and Elizabeth Pena gather at T.C. Vol. Vol. 21 at 320-21, Vol. 1994); Kinnamon v. Scott, 40 F.3d 731, 733 (5th Cir. 23 at 699-700. During the punishment phase, the trial court prohibited the defense from asking an expert witness about the parole eligibility that accompanies a life sentence. 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. The Court of Criminal Appeals rejected Cantu's arguments both on direct appeal and on habeas review. 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." Its only task is to determine whether the petitioner meets the extremely stringent standards for federal habeas corpus relief. Cantu emphasizes that the State must afford the jury a vehicle to consider "any aspect of the defendant's character proffered as a basis for the imposition of a sentence less than death." 2001); Wheat v. Johnson, 238 F.3d 357, 361-62 (5th Cir. Our leaders keep telling us to go back to sleep, its an isolated incident, we get more in benefits than they could ever take from us. His war on terror is a sham - if he was so concerned about terrorists why does he allow American citizens to be murdered by Mexican terrorists on own soil. . After 1991, capital inmates fell into three categories: (1) pre- Penry defendants whose juries were not explicitly told to consider mitigating evidence; (2) defendants sentenced between 1989 and 1991 whose juries received the nullification instruction; and (3) defendants whose juries received an explicit statutory special issue. Tr. The gang members present were Jose Medellin, Peter Cantu, Roman Sandoval, Efrain Vol. Respondent has filed a motion for summary judgment arguing that Cantu's claims do not merit federal habeas corpus relief. Photographs "must have some probative value [which is not] substantially outweighed by its inflammatory nature." 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. Peter Cantu then returned, and divided valuables that had been stolen from the girls. 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. Entry No. The state habeas court concluded that the allegedly inflammatory statements were not made in error because they "properly summarized the evidence of the circumstances of the offense, made a reasonable inference that the jury would likely never forget those images, and properly presented a plea for law enforcement by urging the jury to `think about the two children in here that all you got left of them is right here.'" East, 55 F.3d at 1005. 1996); Turner v. Johnson, 106 F.3d 1178, 1189 (5th Cir. Xin hn hnh knh cho qu v. Id. This is no job for the criminal justice system. Jose Medellin said that they "had a lot of fun and it should come out on the news." Consideration of Mitigating Evidence Under Texas Law. 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." Cantu's argument depends on the jury either disbelieving witness testimony that inculpated him of capital murder or viewing portions of the evidence in isolation. In doing so, the prosecution referred to the challenged material, the admission of which the Court has already decided did not constitute a due process violation. Federal precedent and Teague's non-retroactivity provision preclude relief on Cantu's first six grounds for relief. TEX. The state courts were not unreasonable in finding that Cantu did not meet Strickland's prejudice prong. Testimony showed that the girls' bodies were kicked and their necks were stomped on after the strangulations in order to "make sure that they were really dead.". Cantu's first six claims challenge the trial court's refusal to inform his jury about Texas parole law. Clerk's Record at 100-02. "A jury must be allowed to consider on the basis of all relevant evidence not only why a death sentence should be imposed, but also why it should not be imposed." 1998); Montoya v. Scott, 65 F.3d 405, 416 (5th Cir. The jury instructions in the guilt/innocence phase gave the jury only two options: convict Cantu of capital murder or acquit him. See Horn, 536 U.S. at 272 (relying on Teague v. Lane, 489 U.S. 288 (1989)). Accordingly, Cantu has not shown that the state court's rejection of this claim was contrary to, or an unreasonable application of, federal law. 2004); Woods v. Cockrell, 307 F.3d 353, 360-62 (5th Cir. 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. Although federal law on this issue is not altogether coherent, the state courts' rejection of Cantu's claims was not contrary to, or an unreasonable application of, federal law. The State used substantially the same language when prosecuting O'Brien for his role in the Ertman/Pena murders. The Simmons court reasoned that, when a State imposes the death penalty on the premise that the convicted individual poses a danger to society, the fact that the defendant may receive life without the possibility of parole "will necessarily undercut the State's argument regarding the threat the defendant poses to society." In the wake of Tennard, the Supreme Court and Fifth Circuit have found error in most pre-1989 cases, with limited exceptions. See Harris v. Johnson, 81 F.3d 535, 539 (5th Cir. In July, the World Court ordered a stay of Medelln's execution. WebOn June 24th 1993 a pair of teenage girls were walking through a public park in Houston,Texas when they were viciously assaulted by a local youth gang. 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. WebOn the night of June 24, 1993, 14-year-old Jennifer Ertman and 16-year-old Elizabeth Pena were walking home when they encountered a gang initiation. He then clasped his arm around Pea's neck, threw her to the ground and dragged her down a gravel decline in the direction of the other gang members as Pea screamed and pleaded for help. Cantu read the statement and, in the presence of two other police officers, signed it. 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. 12 at 11.) '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. Vol. vote for a capital conviction if the only alternative was to set the defendant free with no punishment at all"). Cantu does not raise a separate claim that the Due Process Clause prohibited the introduction of the allegedly inflammatory photographs and video. . 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." She then attempted to flee. Cantu raises three interrelated ineffective-assistance-of-counsel claims pertaining to the introduction of crime scene and autopsy photographs and video. Cantu claims that the prosecution in his case compounded the statutory deficiencies by asking the jury to weigh his evidence in a manner similar to the Fifth Circuit's rejected constitutional-relevancy test (claim 7). State Habeas Record at 259-60. Later, Houston Police Department Officer Roy Swainson compared Cantu's initial statement to his interview of Fransisco Sandoval and the statement taken from O'Brien. Entry No. 2. 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[.]" 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. At sentencing, the offenders were remanded to the Texas Department of Criminal Justice (TDCJ) system. Testimony showed that Raul lasted through three of the members before briefly losing consciousness. Vol. CODE CRIM. The Sandoval brothers testified at trial that Medellin and Cantu forced the girls to the ground. Tr. Entry No. It was traced to the home of the brother of one of the men later sentenced to death for these murders. Texas law defined mitigating circumstances as "evidence that a juror might regard as reducing the defendant's moral blameworthiness." Part of the belt was left at the murder scene, the rest was found in O'Brien's home. United States v. Branch, 91 F.3d 699, 713 (5th Cir. Ramdass, 530 U.S. at 169 (emphasis added). Opinions posted on Free Republic are those of the individual Id. The State concluded its case by publishing the second statement to the jury. Venancio Medelln, the brother of Jos Medelln, was 14 at the time of the murder, the same age as Jennifer Ertman. The prosecution filed a motion in limine asking the trial court to preclude "any direct or indirect reference whatsoever" to Texas parole law. at 736. Villareal and O'Brien began choking the Ms. Ertman, first with their hands and then with a belt. The possibility of parole, not the timing thereof, exempted Texas from the Simmons requirement. Entry No. to Ertman. (Doc. C s sn xut Umeken c cp giy chng nhn GMP (Good Manufacturing Practice), chng nhn ca Hip hi thc phm sc kho v dinh dng thuc B Y t Nht Bn v Tiu chun nng nghip Nht Bn (JAS). Hiding. Additionally, the challenged material would not necessarily serve as a crucial or determinative factor in the jury's consideration of Cantu's punishment. I imagine these sick fucks were all quite proud to share the details. . Second, Cantu claims that his state appellate attorneys should have raised a due process claim on that basis (claim eleven). 1995); Montoya v. Collins, 955 F.2d 279, 286 (5th Cir. Cantu has not shown any constitutional error in the taking of his statements. I want them to suffer without stop until the end of time, until their very souls explode from sheer agony and pain. WebJennifer 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. Very well done. On June 24, 1993, Jennifer Ertman and Elizabeth Pea attended a pool party hosted by their friend, Gina Escamilla. . No death, but it was a year before columbine. 28 at 787 (emphasis added). Tr. Officer Swainson decided to interview Cantu again. Sheer agony and pain, but did not elaborate on Texas parole law, signed it thereof, exempted from. Additionally, the brother of one of the murder, the World Court ordered stay... 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