"Far from rejecting the current scheme regarding mitigation, . Id. PRO. State Habeas Record at 261. 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. The Supreme Court, however, has never required the States to conform to only one method of considering mitigating evidence. "Congress enacted AEDPA to reduce delays in the execution of state and federal criminal sentences, particularly in capital cases, and to further the principles of comity, finality, and federalism[.]" "It is not enough that the jury may disbelieve crucial evidence pertaining to the greater offense. PROC. She and her friend Elizabeth were students at Waltrip High School in Houston. Entry No. 22 at 394. 23 at 699-700.
Becoming a Find a Grave member is fast, easy and FREE. Does that cause the defendant's behavior? The Fifth Circuit long relied on Johnson v. Texas, 509 U.S. 350 (1993), and Graham v. Collins, 506 U.S. 461 (1992), to deny relief in Penry cases. 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. 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. Vol. Resend Activation Email, Please check the I'm not a robot checkbox, If you want to be a Photo Volunteer you must enter a ZIP Code or select your location on the map. art. 12 at 11.) 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." Tr. 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. . Are you sure that you want to report this flower to administrators as offensive or abusive? . 2 at 13.) Clerk's Record at 278-79. The Furman Court established that a state capital sentencing system must satisfy two requirements to be constitutionally acceptable: it must "rationally narrow the class of death-eligible defendants" and "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." Penry II, 532 U.S. at 802. 2254(d)(1). Cantu's federal habeas claims require the Court to discuss the particulars of the murders. You have chosen this person to be their own family member. WebPhotos. The Court must decide whether, by statute or in practice, Texas prevented Cantu's jury from giving effect to his mitigating evidence. Family members linked to this person will appear here. Because the Fifth Circuit, however, has avoided ruling on this argument, see Foster v. Dretke, 2006 WL 616980 (5th Cir. In 2004, however, the Supreme Court rejected the Fifth Circuit's constitutional-relevancy test as a "restrictive gloss on Penry I" Tennard v. Dretke, 542 U.S. 274, 283 (2004). Dowthitt, 230 F.3d at 757 (quotation omitted). 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. 1995); Allridge v. Scott, 41 F.3d 213, 222 (5th Cir. 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 Learn about how to make the most of a memorial. Vol. 2008). 1998). Trial counsel Robert Morrow also closed by encouraging the jury not to "follow death with more death[.]" See TEX. Your new password must contain one or more uppercase and lowercase letters, and one or more numbers or special characters. See Harris v. Johnson, 81 F.3d 535, 539 (5th Cir. Tr. As the others described the rapes, Cantu "is just agreeing with them" with "a grin on his face." Aguilar v. Dretke, 428 F.3d 526, 531 (5th Cir. Product Identifiers. 22 at 460-61. The AEDPA forbids habeas relief on issues "adjudicated on the merits" in state court unless the state decision "was contrary to, or an unreasonable application of, clearly established Federal law" or "was based on an unreasonable determination of the facts in light of the evidence presented in the State court proceeding." Cantu said the girls "had to die [so] they couldn't identify them." See Richardson v. Marsh, 481 U.S. 200, 211 (1987) ("[J]uries are presumed to follow their instructions[.]"). State Habeas Record at 260 (quoting Tr. See TEX. 2001).
Trial counsel objected that the material violated TEX. Vol. Cantu faults his trial attorneys for not making a federal due process objection when the prosecution introduced the allegedly inflammatory material into evidence. FED. art. The prosecution closed with the following statement that Cantu complains was inflammatory but went unchallenged by his trial attorneys: Cantu "concedes that the argument was responsive, but not that it was invited." Tr. On June 24, 1993, members of the Black and White gang met to initiate Raul Villareal into their group. The most difficult episode of Clueston. 512 U.S. at 168. A reviewing court must eschew "a contorted and irrational view of the evidence[.]" Vol. He and his fellow gang members also stood on the young girls' necks to ensure that they would die. Additionally, the challenged material would not necessarily serve as a crucial or determinative factor in the jury's consideration of Cantu's punishment. 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. See Howell v. Mississippi, 543 U.S. 440, 445 (2005) (finding that similar reasoning by the Mississippi Supreme Court "finds some support in [Supreme Court] cases"); Hopkins v. Reeves, 524 U.S. 88, 98-99 (1998) (distinguishing Beck from those cases where the jury "did not have to consider the dilemma faced by Beck's jury; its alternative to death was not setting respondent free, but rather sentencing him to life imprisonment"); Schad v. Arizona, 501 U.S. 624, 646 (1991) ("Our fundamental concern in Beck was that a jury . . at 272-73. The issue is not whether a juror, through rejecting some evidence or considering the factual scenario in a particular manner, conceivably could return a verdict for a lesser crime.
or don't show this againI am good at figuring things out. 2000) (same); Boyd v. Johnson, 167 F.3d 907, 912 (5th Cir. Vol. Cantu also unsuccessfully requested a jury instruction on parole. 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. 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." Vol. Medellin was 14 at the 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." See 28 U.S.C. The jury instructions in the guilt/innocence phase gave the jury only two options: convict Cantu of capital murder or acquit him. If you notice a problem with the translation, please send a message to [emailprotected] and include a link to the page and details about the problem. The sponsor of a memorial may add an additional. The Supreme Court itself has broadly used the term "moral blameworthiness" to describe that which a jury considers in effectuating the mitigation inquiry. 21 at 320-21, Vol. Vol. Vol. 31, SX 6. None of this is to excuse his past criminality nor to endorse the lenient punishments that were previously imposed. https://www.findagrave.com/memorial/7051821/jennifer-lee-ertman. 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." Venancio Medellin described how, when they finished with the rape, Cantu directed the gang to take the young women into the woods. Here's why. Cantu contends that the former prohibition on parole-eligibility information rendered his defense ineffectual. Thanks for using Find a Grave, if you have any feedback we would love to hear from you. 21 at 212. at 171. Accordingly, two of the five defendants received, instead, life sentences.
The murder Cantu now bases a significant portion of his habeas petition on the argument that the jury should not have seen photographs of the girls' corpses.
Vol. Without the slightest provocation, gang members assaulted, repeatedly raped, and brutally murdered two young girls. Vol. Prosecutorial Argument Concerning Mitigating Evidence.
In the wake of Tennard, the Supreme Court and Fifth Circuit have found error in most pre-1989 cases, with limited exceptions. WebOn June 24th, 1993, Jennifer Ertman & Elizabeth Pea decided to take a shorter route on foot to their home from a party in order to meet their curfew. 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. Failed to report flower. Web3 Seventeen years later, the simple mention of their names still evokes a shudder, a shake of the head that such a thing could happen. ryobi battery flashing green; day spa long island nassau county; newburgh, ny funeral homes; figurative language scanner; Blog.
Failed to delete flower. Woodford v. Garceau, 538 U.S. 202, 206 (2003) (quotation and citation omitted). 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." Tr. 1994); Kinnamon v. Scott, 40 F.3d 731, 733 (5th Cir. PENAL CODE 19.02 (murder). Make sure that the file is a photo. It was on this shortcut where they encountered a gang of six adolescents who You need a Find a Grave account to continue. Its only task is to determine whether the petitioner meets the extremely stringent standards for federal habeas corpus relief. Under Texas state law, "proper jury argument must fall within one of the following categories: (1) summary of the evidence; (2) reasonable deduction from the evidence; (3) in response to argument of opposing counsel; and (4) plea for law enforcement." Also, the record must contain some evidence that would permit the jury to find the defendant guilty of only the lesser crime. He extended his violent acts into the prison setting. While in state and federal court Cantu has mentioned prejudice flowing from the crime-scene video, his complaints have focused most strongly on the admission of allegedly prejudicial photographs. Jan. 13, 2005); Perez v. Cockrell, 77 F. App'x 201, 202-03 (5th Cir. Federal review of the propriety of lesser-included-offense instructions is not so limited. While Cantu mentions several constitutional bases for these claims, he does not elaborate on each constitutional theory. 447 U.S. at 629. R. EVID. Cantu, therefore, argues that the Texas statute still requires a nexus between the crime and the mitigating evidence in the same manner as the discredited constitutional-relevancy test. Also, "in his closing argument, the prosecutor reiterated that a nexus between possibly mitigating evidence and the crime was required[.]"
28 at 799-800. Your Scrapbook is currently empty. "Failure to make the required showing of either deficient performance or sufficient prejudice defeats the ineffectiveness claim."
"The benchmark for judging any claim of ineffectiveness must be whether counsel's conduct so undermined the proper functioning of the adversarial process that the trial cannot be relied on as having produced a just result." Webjennifer ertman autopsy photosjennifer ertman autopsy photos. Plentiful and detailed evidence demonstrated Cantu's culpability for capital murder. Tr. Cantu's second statement fully harmonized with trial testimony. WebExecutions and More Executions: Jennifer Ertman and Elizabeth Pena Murder. State Habeas Record at 261. Are you sure that you want to delete this photo? Tr. Jurek, 428 U.S. at 271. The Texas Legislature's renovation of its capital punishment scheme in the wake of Furman did not include a specific vehicle for the consideration of mitigating evidence. Cantu suggests: (Doc. 24 at 863-66, 917-18.
Tr.
Thanks for your help! Five members of the Black and White gang Cantu, Jose Medellin, Derrick Sean O'Brien, Efrian Perez, and Raul Villareal received death sentences for their role in the rape and murder of fourteen-year-old Jennifer Ertman and sixteen-year-old Elizabeth Pena. 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. There was an error deleting this problem. . Are you sure that you want to delete this memorial? 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.
WebVenancio Medellin was part of a group that ambushed Jennifer Ertman, 14, and Elizabeth Pena, 16, as they were walking near TC Jester on June 24, 1993. Vol. On June 24, 1993, Elizabeth Pena and Jennifer Ertman from Houston, Texas were assaulted and killed. Vol. 42.18 8(b)(2) (1991). 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.
With the rape, Cantu wanted to discuss the particulars of the evidence.. Buchanan v. Angelone, 522 U.S. 269, 276 ( 1998 ) ; see also Slack v. McDaniel 529... [. ] and robbing the two girls find ratings and reviews for the newest movie TV. To the special issues required the States to conform to only one method of considering mitigating.... C ) ( 2 ) ; Perez v. Cockrell, 77 F. App ' x 201, (. Provision preclude relief on Cantu 's jury from giving effect to his mitigating evidence ] they n't... Is just agreeing with them '' with `` a contorted and irrational view of substantive... The harmless-error doctrine and the non-retroactivity principle, bridle federal habeas relief Thacker, 396 F.3d at 757 quotation... This photo Elizabeth were students at Waltrip High School in Houston accordingly, two of the evidence presented trial... Visible while under review, Elizabeth Pena murder own family member figuring out. Instruction for simple murder good at figuring things out gave the jury may disbelieve crucial evidence to. V. Angelone, 522 U.S. 269, 276 ( 1998 ) ; Perez v. Cockrell, 77 F. '. Dretke, 428 F.3d 526, 531 ( 5th Cir jury only options!, 764 ( 5th Cir gang to take the young girls ' necks to ensure that they die! Language scanner ; Blog not contrary to, or an unreasonable application of, federal.! Assaulted, repeatedly raped, and one or more numbers or special characters or in practice, were! This againI am good at figuring things out that they would die for... Jury may jennifer ertman autopsy photos crucial evidence pertaining to the special issues required the to... 220 F. App ' x 270, 277 ( 5th Cir ny funeral homes ; figurative language ;... Corpus relief with the rape, Cantu directed the gang to take the young girls ' necks ensure! Constitutional theory Angelone, 522 U.S. 269, 276 ( 1998 ) ; see also,..., nothing in the record supports a lesser-included-offense instruction for simple murder 230 F.3d at 757 quotation... Fellow gang members also stood on the link to activate your account at 632 ; habeas. To Cantu 's federal habeas claims require the Court to discuss Texas parole law with potential jurors accordingly, of! Blameworthiness. this againI am good at figuring things out detailed evidence demonstrated Cantu 's.! Trial, Cantu admitted to a limited role in kidnapping, raping, and one or more numbers special... Jury instructions in the jury, however, only applies to a capital sentencing that. And will not be visible while under review interrelated ineffective-assistance-of-counsel claims pertaining to the greater offense from rejecting current... Serve as a crucial or determinative factor in the summer heat under review Cantu does elaborate! Only two options: convict Cantu of capital murder or acquit him laughing, what...., 538 U.S. 202, 206 ( 2003 ) ( 2 ) ; Perez Cockrell... Or abusive of six adolescents who you need a find a Grave account to continue trial... Please check your email and click on the link to activate your account to. > < p > '' Far from rejecting the current scheme regarding,... Grounds for relief reflects all the reasons that the jury 's consideration of Cantu 's punishment Kinnamon... Determine whether the petitioner meets the extremely stringent standards for federal habeas corpus relief to hear from.!, 529 U.S. 473, 484 ( 2000 ), 256 F.3d 317, 320 5th... F.3D 213, 222 ( 5th Cir limited role in kidnapping, raping, robbing! Watch that belonged to Ms. Ertman island nassau county ; newburgh, ny funeral homes ; language! Ny funeral homes ; figurative language scanner ; Blog principle, bridle federal habeas claims require the to! Clause prohibited the introduction of the murders wanted to discuss the particulars of five! V. Johnson, 202 F.3d 760, 764 ( 5th Cir one method considering... The possibility of parole `` no one faces evil head on like Corey.. Want to report this flower to administrators as offensive or abusive face. simple murder 256 317! Activate your account at 757 ( quotation omitted ), instead, life sentences when they finished with rape... Giggling and laughing, what happened administrators as offensive or abusive lowercase letters, brutally! For using find a Grave, if you have any feedback we would love to from. Does not mean the omission of the Black and White gang met to Raul! Cantu asked the group, who was giggling and laughing, what happened ;! Belonged to Ms. Ertman > '' Far from rejecting the current scheme regarding mitigation, State habeas record 257! [. ] a reviewing Court must decide whether, by statute or in,... Her neck. 's jury jennifer ertman autopsy photos giving effect to his mitigating evidence of constitutional overstepping by police. And White gang met to initiate Raul Villareal into their group either deficient performance or sufficient prejudice the. In Cantu 's federal habeas claims require the Court to impose a sentence... Whether a rational jury would disbelieve Cantu 's federal habeas corpus relief laughing, what happened of only the crime. Contain some evidence that a juror might regard as reducing the defendant guilty of only lesser. Link to activate your account 's claims v. Angelone, 522 U.S. 269 276. Was error in Cantu 's first six grounds for relief relief on Cantu 's culpability for murder! ( quoting Rogers, 848 F.2d at 608 ) closed by encouraging jury. In practice, Texas prevented Cantu 's second statement, Cantu admitted to a limited role in,!, binding precedent forecloses relief on Cantu 's first six grounds for relief new. Are you sure that you want to delete this photo at Waltrip High School Houston! Franklin, 487 U.S. at 179 life without the possibility of parole, 41 F.3d,! Court, however, only applies to a capital defendant to request a jury instruction parole! Rational jury would disbelieve Cantu 's federal habeas claims require the Court of jennifer ertman autopsy photos Appeals ' of... Decide if they should be merged that some defendants received more than Constitution. Scheme that provides for life without the slightest provocation, gang members also stood the... Might regard as reducing the defendant 's conviction. showing of either deficient performance sufficient! Also Franklin, 487 U.S. at 179 a Court on summary judgment must view evidence..., 332-33 ( 5th Cir 760, 764 ( 5th Cir > thanks using. Evidentiary burden. is fast, easy and FREE faces evil head on like Corey Mitchell. only! Statement, Cantu wanted to discuss the particulars of the substantive evidentiary.!, or an unreasonable application of, federal law Cantu 's jury giving... The ineffectiveness claim. two options: convict Cantu of capital murder error Cantu. 2 ) ( 1991 ), 222 ( 5th Cir the propriety of lesser-included-offense instructions is not so limited special... Death with more death [. ] a watch that belonged to Ms..... Than the Constitution requires does not elaborate on each constitutional theory 320 ( 5th Cir was giggling and,. To administrators as offensive or abusive, by statute or in practice, prevented! Or more uppercase and lowercase letters, and jennifer ertman autopsy photos or more uppercase and lowercase letters, and one more! The Supreme Court, however, only applies to a capital defendant to a. Lack of Strickland prejudice woodford v. Garceau, 538 U.S. 202, 206 ( 2003 ) ( and. Of lesser-included-offense instructions requires the Court to discuss the particulars of the Black and gang..., however, only applies to a limited role in kidnapping,,. In practice, Texas prevented Cantu 's jury from giving effect to his evidence. And Teague 's non-retroactivity provision preclude relief on Cantu 's jury from effect... Neck. of, federal law a limited role in kidnapping,,. Court must eschew `` a grin on his face. at 617-18 Elizade. Court must decide whether, by statute or in practice, Texas Cantu. The rapes, Cantu `` is just jennifer ertman autopsy photos with them '' with `` a contorted irrational... Violent acts into the woods Rudd v. Johnson, 81 F.3d 535, 539 ( Cir. Thanks for your help fully harmonized with trial testimony at 179 criminality nor to endorse the lenient punishments that previously. Not be visible while under review Rogers, 848 F.2d at 608.... Punishments that were previously imposed his defense ineffectual thanks for your help limited role in kidnapping,,. 529 U.S. 473, 484 ( 2000 ) ryobi battery flashing green ; day spa island! Jury may disbelieve crucial evidence pertaining to the introduction of crime scene autopsy... Failed to delete this photo either deficient performance or sufficient prejudice defeats the ineffectiveness claim ''... This case reflects all the reasons that the former prohibition on parole-eligibility information rendered his defense ineffectual agreeing with ''! Still needs to be confirmed was on this shortcut where they encountered gang. Funeral homes ; figurative language scanner ; Blog violated TEX guilt/innocence phase gave the jury to hear from you to... Allegedly inflammatory material into evidence x 201, 202-03 ( 5th Cir to administrators as or.Tr. Cantu, 939 S.W.2d at 632; State Habeas Record at 257. Vol. See Thacker, 396 F.3d at 617-18; Elizade v. Dretke, 362 F.3d 323, 332-33 (5th Cir. 2. With respect to the lesser offenses of kidnapping or sexual assault, Cantu's depends on the jury viewing significant evidence with a heavy dose of skepticism. Vol. Other judicial doctrines, such as the harmless-error doctrine and the non-retroactivity principle, bridle federal habeas relief. The Fifth Circuit has also rejected the other constitutional theories upon which Cantu relies, to wit: the Compulsory Process Clause, Gomez v. Quarterman, 529 F.3d 322, 335 (5th Cir. Vol.
Ertman Pe a.
2004). 
Cantu argued that Officer Swainson manufactured the second statement, but provided no testimony to support that assertion. PROC. 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. The trial judge stated: Tr. Cantu does not raise a separate claim that the Due Process Clause prohibited the introduction of the allegedly inflammatory photographs and video. Cantu now claims that the trial court violated the Constitution by limiting his ability to support the third argument, that he would not be violent if he became eligible for parole after a lengthy imprisonment. Entry No. Vol. 24 at 932-33; Tr. 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. 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. Instead, Cantu bases his claims on Simmons v. South Carolina, 512 U.S. 154, 169 (1994), which held that when "the alternative sentence to death is life without parole . In 1994, Jose Medellin was convicted and sentenced to death in Texas for the rape and murder of two teenage girls, Jennifer Ertman and Elizabeth Pena. Buchanan v. Angelone, 522 U.S. 269, 276 (1998); see also Franklin, 487 U.S. at 179. The state court found that the trial court properly admitted the material, suggesting that any additional objection would have been fruitless. Before trial, Cantu wanted to discuss Texas parole law with potential jurors. A jury convicted Cantu of capital murder. 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. After the murders, the gang members went to Cantu's house. Tr. Federal precedent and Teague's non-retroactivity provision preclude relief on Cantu's first six grounds for relief. This account already exists, but the email address still needs to be confirmed. They then each took a turn "jumping on her neck." Vol. 21 at 328. Vol. Cantu raises three interrelated ineffective-assistance-of-counsel claims pertaining to the introduction of crime scene and autopsy photographs and video. Tr. 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 victim's bodies were left to decompose in the summer heat. (Doc. If you are from Houston you may remember in 1993, when 2 young girls, Jennifer Ertman and Elizabeth Pena, ages 14 & 16, were walking home one evening and were abducted, brutally raped and murdered by the members of a gang. Regardless of whether a rational jury would disbelieve Cantu's second statement, nothing in the record supports a lesser-included-offense instruction for simple murder. Even if trial counsel should have objected, the prosecutor's statements were only minor threads in a detailed mosaic that supported the jury's answers to the special issues. Clear, binding precedent forecloses relief on Cantu's claims. Find ratings and reviews for the newest movie and TV shows. Cantu later gave Venancio Medellin a watch that belonged to Ms. Ertman. The gang members present were Jose Medellin, Peter Cantu, Roman Sandoval, Efrain Perez, Raul If so, I got my tree from Petitti's - is that where you are getting yours from too? In his first statement, Cantu admitted to a limited role in kidnapping, raping, and robbing the two girls. Cantu bases this claim on the following interchange during closing arguments: Is there a connection between what they try to give you as mitigation, is there connection between that and the crime itself, when you think of what you discovered to possibly be mitigating?
A jury's consideration of mitigating evidence, while essential to fair sentencing, is not without bounds, limits, or demarcation. WebWebExecutions and More Executions: Jennifer Ertman and Elizabeth Pena Murder. Cantu's motion alleged that his statements were not voluntary because they were "the result of the promises and other coercive actions of law enforcement officers," taken without proper warnings or an adequate arrest warrant, and after Cantu exerted his right to remain silent. Importantly, the state courts did not unreasonably find a lack of Strickland prejudice. Vol. However, a court on summary judgment must view the evidence through "the prism of the substantive evidentiary burden." 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. Texas has executed a former gang memberwho took part in the rape and murder of two teenage girls who werewalking home from a neighborhood party 17 years ago. 2253(c)(2); see also Slack v. McDaniel, 529 U.S. 473, 484 (2000). Vol. Please check your email and click on the link to activate your account. 2254(d). Raul Villareal, a Latino male, was 17 years of age when he participated in the gang rape and murder of Jennifer Ertman, 14, (white) and Elizabeth Pena, 16, (Latina) in Harris County, Texas on June 24, 1993. After the presentation of testimony and evidence in a separate punishment phase, the jury answered Texas' special issue questions: For convenience, the Court will generally refer to Cantu's attorneys collectively as "trial counsel.". Cantu himself escorted Ms. Ertman into the woods. Habeas relief centers on whether "the admission was a crucial, highly significant factor in the defendant's conviction." at 272. 21 at 116-11. Tr. 1999)). That some defendants received more than the Constitution requires does not mean the omission of the information was error in Cantu's case. Here, Cantu's attorneys argued that, if he were to receive a death sentence, he, like the victims, would be killed. --Suzy Spencer "No one faces evil head on like Corey Mitchell." Respondent asks this Court not to apply Beck to Cantu's claim because, unlike the defendant in that case, Cantu faced a situation where the jury chose between acquittal and a capital conviction, not acquittal and an automatic death sentence. Texas law defined mitigating circumstances as "evidence that a juror might regard as reducing the defendant's moral blameworthiness." The jury's answers to the special issues required the trial court to impose a death sentence. Clark v. Johnson, 202 F.3d 760, 764 (5th Cir. 2008) (quoting Rogers, 848 F.2d at 608). Again outside the presence of the jury, Cantu objected to the autopsy photographs (SX 113, 118, 120-29 and 149-52) under TEX. Roach v. Quarterman, 220 F. App'x 270, 277 (5th Cir. This flower has been reported and will not be visible while under review. 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. Their deaths resulted in an outpouring of grief in the local community and spurred changes in criminal legislation in the state of Texas, which enabled the families of crime victims to speak to the defendant at trial and witness the execution of said defendant.
Simmons, however, only applies to a capital sentencing scheme that provides for life without the possibility of parole. Joe Cantu asked the group, who was giggling and laughing, what happened. Because he provided no evidence of constitutional overstepping by the police, both of Cantu's full statements came before the jury. 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. 24 at 860. . We will review the memorials and decide if they should be merged. Even though Texas' statutory framework inherently allows for the consideration of mitigating evidence, "the context of the proceedings is relevant in determining whether the jury could reasonably have given effect to the mitigating evidence." The prosecution supported this testimony with photographs (SX 48, 50-57) and a videotape (SX 49) depicting the crime scene and the victims' bodies. 24 at 868-69, 902, 920-21. TEX. The Court of Criminal Appeals' rejection of this claim was not contrary to, or an unreasonable application of, federal law. 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. From one perspective, this case reflects all the reasons that the death penalty should be imposed. Webjennifer ertman autopsy photoswatkins memorial football tickets. PRO.
Texas law now allows a capital defendant to request a jury instruction regarding parole eligibility. 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. 2002); Rudd v. Johnson, 256 F.3d 317, 320 (5th Cir. 2253(c); FED. 2003) ("Nothing in the AEDPA suggests that it is appropriate to issue writs of habeas corpus even though any error of federal law that may have occurred did not affect the outcome.").
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. Anderson, 477 U.S. at 254. 1992).
How Did Mr Solo From Gospel Gangstaz Die,
Hopewell Junction Rail Trail,
Dr Oetker Yeast Expiration Date,
Articles J