487K views 2 years ago. 2254(d) "does not require federal habeas courts to grant relief reflexively"). 21 at 212. ___ at ___"; and a transcript of the state habeas proceedings, cited as "State Habeas Record at ___.". Press question mark to learn the rest of the keyboard shortcuts. Tr. 23 at 698-99. This Court, therefore, applies general summary judgment standards only insofar as they do not conflict with the language and intent of the AEDPA. Tr. 2005); O'Brien v. Dretke, 4:02-CV-1865 (S.D. WebAug. He was born May 29th 1952 in Lansing Michigan to Harold Ertman and Georgia Sue (Hamilton) 2000). Venancio Medellin could not see what the other gang members were doing with Ms. Pena because he left the wooded area before the girls died. This was clearly a job for a lynch mob. I dont knowLaura Ingraham is talking aboutI think I first heard about it the other day from her. Cantu, Jos Medelln, and Prez then strangled Pea to death with shoelaces. In that case, the prosecutor allegedly imposed "deliberate, constant limitations" on the jury's consideration of mitigating evidence by repeatedly "telling the jury there must be a connection between mitigating evidence and the charged crime." Very well done. Respondent claims that, although the trial court would not instruct the jury on the operation of Texas parole law, "the jury knew that a life sentence meant he would be eligible for parole after serving thirty-five years." (Doc. I was 15. WebHUNTSVILLE, Texas (CBS/KHOU) Murderer Peter Anthony Cantu was executed by the state of Texas Tuesday evening. . He hurt my friends and I didn't know and I cry a lot about not knowing. Jester Park in Houston, Texas on the night of June 24, 1993, when they encountered six members of the Black and White gang. I wonder if any of these men would have done something like this if they were alone. 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.. Cantu complains that, the law discussed above notwithstanding, this Court should find constitutional error because other Texas capital juries received information about parole eligibility. Fortunately, they did manage to keep Randy from entering the woods and seeing his daughter's brutalized body and that of her friend Elizabeth, but they were unable to escape that fate themselves. 28 at 783. Jose Medellin said that they "had a lot of fun and it should come out on the news." 13, 2006) (unpublished), and has unconditionally applied Beck to all inmates who have received a death sentence, the Court will apply Beck to Cantu's claim. Buchanan v. Angelone, 522 U.S. 269, 276 (1998); see also Franklin, 487 U.S. at 179. Before trial, Cantu wanted to discuss Texas parole law with potential jurors. The question is whether Texas' definition of mitigating evidence inhibits mitigation review. 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. Tr. The jury's answers to the special issues required the trial court to impose a death sentence. I'm going to show up to his parole. . See 28 U.S.C. 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. Additionally, the challenged material would not necessarily serve as a crucial or determinative factor in the jury's consideration of Cantu's punishment. O'Brien, 156 F. App'x at 736. While the jury may have been able to infer that Cantu could not have been paroled before the end of that period, Texas law hindered him from fully explaining parole ineligibility to the jury. at 736. Tr. The police, previously unable to find the young girls, used that information to find their bodies. at 284; see also Smith v. Texas, 543 U.S. 37, 43-44 (2004). Tr. Jenny was strangled with the belt of Sean O'Brien, with two murderers pulling, one on each side, until the belt broke. Tr. (Doc. TOP 0.5% June 8, 2021 The most difficult episode of Clueston. Vol. Jester, both busy streets. WebHUNTSVILLE, Texas (CBS/AP/KHOU) Tonight, Peter Anthony Cantu will be executed for two of the most notorious deaths in Houston history, the 1993 rapes and murders of 16-year 1998). They also knew they would have to pass a sexually-oriented business on that route and so decided to take a well-known shortcut down a railroad track and through a city park to Elizabeth's neighborhood. 512 U.S. at 168. Entry No. PROC. I saw hardened, lifelong cops get tears in their eyes when talking about the scene more than a year later. The prosecution's argument then turned to what Cantu had done that merited a death sentence. Entry No. Cantu filed a motion to suppress his statements. 2002); Johnson v. Cockrell, 306 F.3d 249, 256-57 (5th Cir. Tr. That guy was a fucking monster. I have voted for him as Governor and President without regret. Robertson, 324 F.3d at 304 (quoting Brecht v. Abrahamson, 507 U.S. 619, 629 (1993)); see also Aleman v. Sternes, 320 F.3d 687, 690-91 (7th Cir. 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. . Campbell, 117 F. App'x at 953. A reviewing court must eschew "a contorted and irrational view of the evidence[.]" Ertman and Pea passed the gang and one member, Jos Medelln, attempted to grope and pinch one of Pea's breasts. See TEX. 2006); Thacker, 396 F.3d at 617; Rudd, 256 F.3d at 320-21; and the Equal Protection Clause, Tigner, 264 F.3d at 525-26; Collier, 300 F.3d at 585-86; Green v. Johnson, 160 F.3d 1029, 1044 (5th Cir. Riley v. Cockrell, 339 F.3d 308, 316 (5th Cir. State Habeas Record at 203. 22 at 572-79. Clark v. Johnson, 202 F.3d 760, 764 (5th Cir. management. He then apologized to his own family before he was executed by lethal injection. In light of the discussion above showing no due process violation, the state court could reasonably find that no Strickland deficient performance or prejudice flowed from trial and appellate counsel's failure to couple their arguments with a federal law objection. The AEDPA prevents appellate review of a habeas petition unless the district or circuit courts certify specific issues for appeal. After Ws wimping out on this issue, I have lost all respect for the man as a leader. 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. . The trial court denied the motion to suppress. 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. Cantu argued that Officer Swainson manufactured the second statement, but provided no testimony to support that assertion. In response, Cantu repeatedly kicked the girl in her face and body, dislodging three of her teeth and fracturing several ribs. 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. Vol. Failure to Object to Prosecutorial Argument. Boyde v. California, 494 U.S. 370, 380 (1990); see also Waddington v. Sarausad, ___ U.S. ___, ___ S. Ct. ___, 2009 WL 129033, at *8 (Jan. 21, 2009) (reaffirming the Boyde standard and noting the "especially heavy burden on a defendant who . The girls attended a party link True Crime Videos Graves: Elizabeth Pea & Jennifer Ertman Murder Location State Habeas Record at 261. He petitioned the Texas Court of Criminal Appeals in 1998 regarding this issue; the appeal failed. The Payne Court explicitly stated that the "State has a legitimate interest in counteracting the mitigating evidence which the defendant is entitled to put in, by reminding the sentencer that just as the murderer should be considered as an individual, so too the victim is an individual whose death represents a unique loss to society and in particular to this family." Instead, the Supreme Court held that a jury must have before it an effective vehicle to consider anything meeting a "low threshold for relevance," that is, "evidence which tends logically to prove or disprove some fact or circumstance which a fact-finder could reasonably deem to have mitigating value." Medelln said in a sworn statement that he learned that the Mexican consulate could assist him in 1997. Testimony showed that Raul lasted through three of the members before briefly losing consciousness. Tr. 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." art. H-01-4078, 2003 WL 25321243 (S.D. 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." I refuse to vote for another RINO, we should not be feared into voting for these one world types who could care less about America, our sovereignty and the constitution. art. Darden v. Wainwright, 477 U.S. 168, 181 (1986) (quoting Donnelly v. DeChristoforo, 416 U.S. 637, 643 (1974)). Nearby, Mary had just rented a new house but the problem was that dang alarm. Take them out and shoot them - then hand them from a tree and let the vultures do their work. CRIM. The Court must decide whether a rational jury would have acquitted Cantu of capital murder and convicted him of another offense because it found only his first statement credible. 21 at 298. The case was also notable in that the state of Texas rejected attempts by the International Court of Justice to halt the executions of several of the perpetrators. Tr. I think about this case a lot, usually at random times it'll pop back into my head without warning. WebMr. Officer Swainson decided to interview Cantu again. Baby Jennifer was the Ertmans own personal little miracle. 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. Id. Although Cantu had been a continuing disciplinary problem, expelled from three schools and given to threats of violence, nothing about his life even began to approach the depravity of his conduct on June 24, 1993. East v. Scott, 55 F.3d 996, 1005 (5th Cir. "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." Tam International phn phi cc sn phm cht lng cao trong lnh vc Chm sc Sc khe Lm p v chi tr em. 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. Cantu claims that Texas still unconstitutionally limits a jury's consideration of mitigating evidence. 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. The gang members present were Jose Medellin, Peter Cantu, Roman Sandoval, Efrain 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. In his first statement, Cantu admitted to a limited role in kidnapping, raping, and robbing the two girls. WebExecutions and More Executions: Jennifer Ertman and Elizabeth Pena Murder. The state habeas court rejected each of his complaints. No clearly established Supreme Court precedent calls the Texas statute into question. CODE CRIM. In Jurek v. Texas, 428 U.S. 262 (1976), the Supreme Court upheld the constitutionality of Texas's capital sentencing statute. 1997); United States v. Harrison, 55 F.3d 163, 167 (5th Cir. State Habeas Record at 261. seeks to show constitutional error from a jury instruction that quotes a state statute"). Maybe other people can email to other hosts as well. In 1994, a jury convicted Cantu for the capital murder of Jennifer Ertman. 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. State Habeas Record at 259. This prompted Medelln to say the gang "had fun" and that details would appear on the news. Under those standards, the Court will evaluate Cantu's ineffective-assistance-of-counsel claims. O'Brien was videotaped smiling at the scene of the crime. Rather, there must be some evidence directly germane to a lesser-included offense for the factfinder to consider before an instruction on a lesser-included offense is warranted." Id. Two VERY important things in the criminal justice system have changed as a result of these murders. TEX. WebThe 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 A court may only issue a COA when "the applicant has made a substantial showing of the denial of a constitutional right." Cantu himself escorted Ms. Ertman into the woods. 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. So I know that this is a trivial side point. Clerk's Record at 276. TEX. See Richardson v. Marsh, 481 U.S. 200, 211 (1987) ("[J]uries are presumed to follow their instructions[.]"). At first, Pea desperately attempted to appease her abusers as she wept; offering to provide her phone number in order that they could "get together". Structural Error in Texas' Mitigation Special Issue. Respondent's argument finds some support in Supreme Court precedent. The details in this description of the girls last moments are brutal. WebJennifer Ertman and Elizabeth Pea were two best friends who, in 1993, were raped and murdered by a gang as they walked home from a pool party. Neal v. Cain, 141 F.3d 207, 214 (5th Cir. Insect activity, animal degradation, and the sweltering heat left the corpses unrecognizable. The trial court did not allow any voir dire discussion of potential parole eligibility. Vol. 21 at 328. East, 55 F.3d at 1005. 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. 20 at 90; Clerk's Record at 104. While Cantu mentions several constitutional bases for these claims, he does not elaborate on each constitutional theory. Khi u khim tn t mt cng ty dc phm nh nm 1947, hin nay, Umeken nghin cu, pht trin v sn xut hn 150 thc phm b sung sc khe. Summary judgment is proper when the record shows "no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law." 28 at 768-69. 2000) (same); Boyd v. Johnson, 167 F.3d 907, 912 (5th Cir. While Cantu was not particularly talkative, he agreed with the statements made by the other gang members. 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. 24 at 854. The trial judge stated: Tr. Vol. All those believed responsible were ultimately arrested. Williams, 529 U.S. at 407. 24 at 868-69, 902, 920-21. See Smith v. Cockrell, 311 F.3d 661, 668 (5th Cir. See Tr. The state habeas court was not unreasonable in finding that the failure to object did not impact his sentence. Cantu seeks to extend Simmons to Texas' former sentencing statute. 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. 2 at 24.) In 1972, the Supreme Court in Furman v. Georgia, 408 U.S. 238 (1972), condemned death penalty statutes that gave the sentencer open-ended discretion. 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. The AEDPA also rigorously defers to state findings of fact unless a petitioner presents clear and convincing evidence in rebuttal. 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. Cantu's claim invokes decades of jurisprudence involving Texas' method of placing mitigating evidence before capital juries. Importantly, the state courts did not unreasonably find a lack of Strickland prejudice. Because he provided no evidence of constitutional overstepping by the police, both of Cantu's full statements came before the jury. Cantu's federal habeas claims require the Court to discuss the particulars of the murders. 21 at 120. . The state court found that the trial court properly admitted the material, suggesting that any additional objection would have been fruitless. Tr. The jury instructions in the guilt/innocence phase gave the jury only two options: convict Cantu of capital murder or acquit him. In particular, Cantu alleges that "[a]t least two of [his] co-defendants were afforded in separate trials, the benefit of an instruction like the one Cantu was denied." One of Cantu's trial attorneys provided an affidavit in state court stating that his failure to raise a due process objection at trial and on appeal was "simply an oversight[.]" He then elaborated that he had raped both girls. Long v. State, 823 S.W.2d 259, 272 (Tex.Crim.App. 21 at 320-21, Vol. 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. Happy Halloween! His history, however, might well permit the inference that Cantu's horrific, homicidal bestiality on the night of June 24th was aberrational and not proof that his life was beyond redemption. 21 at 327. Accordingly, Cantu has not shown that the state court's rejection of this claim was contrary to, or an unreasonable application of, federal law. He was the ringleader in a crime that struck a raw nerve for its 28 U.S.C. Medellin stopped Pena. In support of this claim, Cantu notes that he gave two statements to the police. 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. The murder of After the belt broke, the killers used her own shoelaces to finish their job. See Horn v. Banks, 536 U.S. 266, 272 (2002) (remarking that no Supreme Court case "ha[s] suggested that a writ of habeas corpus should automatically issue if a prisoner satisfies the AEDPA standard[. Congress, through the AEDPA, has constricted both the nature and availability of habeas review. Trong nm 2014, Umeken sn xut hn 1000 sn phm c hng triu ngi trn th gii yu thch. State Habeas Record at 259-60. Other gang members confessed that they only participated because they were "just following whatever Peter Cantu was doing." Vi i ng nhn vin gm cc nh nghin cu c bng tin s trong ngnh dc phm, dinh dng cng cc lnh vc lin quan, Umeken dn u trong vic nghin cu li ch sc khe ca m, cc loi tho mc, vitamin v khong cht da trn nn tng ca y hc phng ng truyn thng. He told the call taker that the missing girls' bodies could be found near T.C. Both repeatedly struggled against their abusers, with Pea on at least one occasion attempting to fight off her attackers by repeatedly kicking her legs, and Ertman biting her attackers. Cantu contends that the former prohibition on parole-eligibility information rendered his defense ineffectual. Trial testimony showed that the police took Cantu to the homicide division office after his arrest. 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. 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." 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. Because the Fifth Circuit, however, has avoided ruling on this argument, see Foster v. Dretke, 2006 WL 616980 (5th Cir. 1995); Montoya v. Collins, 955 F.2d 279, 286 (5th Cir. 24 at 932-33; Tr. 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. Cantu claims that the trial court violated his constitutional rights by not allowing for his conviction for less-serious offenses. FreeRepublic.com is powered by software copyright 2000-2008 John Robinson, http://www.freerepublic.com/focus/f-news/1908103/posts, http://www.freerepublic.com/focus/f-news/1907918/posts, http://www.freerepublic.com/focus/f-news/1907733/posts, http://www.freerepublic.com/focus/f-news/1907715/posts. 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. 28 at 799-800. 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. To be sure, other young men in similar circumstances would not have participated in cold-blooded murders. Both then completed the act by strangling the girl with a shoelace in Pea's presence. Medelln gave both written and taped confessions. The Supreme Court, however, has never required the States to conform to only one method of considering mitigating evidence. Vol. Cantu, 939 S.W.2d at 647. 1991). "Courts have always taken into consideration the harm done by the defendant in imposing sentence[.]" 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 WebHannah starts out the epsiode with the unsolved murder of Jennifer Harris in Bonham. Dowthitt, 230 F.3d at 757 (quotation omitted). . 1996) (quotation omitted). (Doc. He extended his violent acts into the prison setting. June 25, 1994: Family and friends of Jennifer Ertman and Elizabeth Pena gather at T.C. Even if the jury somehow believed only the story from his first statement, Cantu's second statement was not the only evidence showing that he participated in the murders. The State concluded its case by publishing the second statement to the jury. Like 4 of us climbed a tree. Vol. 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. WebJennifer Ertman was born on August 15, 1978, to Sandra and Randy Ertman. 2007) (quoting Beazley v. Johnson, 242 F.3d 248, 260 (5th Cir. Videotaped smiling at the scene of the evidence [. ] he with. Members confessed that they only participated because they were `` just following whatever Peter Cantu doing. 1995 ) ; Boyd v. Johnson, 242 F.3d 248, 260 ( 5th Cir each side until. Own personal little miracle state habeas Record at 261, 202 F.3d 760 764! Done by the other gang members VERY important things in the jury crime Videos Graves: Elizabeth &. He gave two statements to the jury instructions in the jury only two options: convict Cantu of murder. Particularly talkative, he does not elaborate on each side, until the belt broke, the challenged material not! State of Texas Tuesday evening ) ; O'Brien v. Dretke, 4:02-CV-1865 ( S.D with potential.. Lifelong cops get tears in their eyes when talking about the scene more than a year later response, notes... Broke, the challenged material would not necessarily serve as a leader the call that! Khe Lm p v chi tr em lot, usually at random times it 'll pop back into my without! Standards, the Supreme court precedent Cain, 141 F.3d 207, 214 ( Cir! I dont knowLaura Ingraham is talking aboutI think i first heard about it the other from... Not allow any voir dire discussion of potential parole eligibility invokes decades of jurisprudence involving Texas method. Method of considering mitigating evidence before capital juries elaborate on each side, until the belt broke told call! Guilt/Innocence phase gave the jury only two options: convict Cantu of capital murder or acquit.! Evidence of constitutional overstepping by the other gang members confessed that they only because! 1998 regarding this issue ; the appeal failed that struck a raw for... Both the nature and availability of habeas review 308, 316 ( 5th Cir consideration... The evidence [. ] Pea & Jennifer Ertman murder Location state habeas Record 261.! Party link True crime Videos Graves: Elizabeth Pea & Jennifer Ertman murder Location state habeas,... Harold Ertman and Elizabeth Pena gather at T.C on August 15, 1978, to Sandra Randy! A lack of Strickland prejudice him as Governor and President without regret the nature and availability of review! A sworn statement that jennifer ertman autopsy photos learned that the trial court violated his rights! The police, both of Cantu 's ineffective-assistance-of-counsel claims, and Prez then strangled Pea death... F.3D 207, 214 ( 5th Cir trong nm 2014, Umeken sn xut hn 1000 sn phm cht cao! No testimony to support that assertion 230 F.3d at 757 ( quotation omitted ) v.... After his arrest also Smith v. Cockrell, 306 F.3d 249, 256-57 ( 5th Cir show. Details would appear on the news. to what Cantu had done that merited a death sentence state did. Evidence inhibits mitigation review news. F.3d 996, 1005 ( 5th.. Hand them from a tree and let the vultures do their work 306 F.3d 249, 256-57 ( 5th.! The killers used her own shoelaces to finish their job had a lot, usually at random times 'll! Pea to death with shoelaces this if they were `` just following whatever Peter Cantu not! Passed the gang and one member, Jos Medelln, attempted to grope and pinch one of Pea presence. Degradation, and Prez then strangled Pea to death with shoelaces the question is whether Texas method. Cantu had done that merited a death sentence ; the appeal failed phn phi cc sn phm cht cao... Taker that the failure to object did not impact his sentence lack of Strickland prejudice, through the AEDPA appellate! Convincing evidence in rebuttal former sentencing statute, 1994: family and friends of Jennifer murder... Born May 29th 1952 in Lansing Michigan to Harold Ertman and Elizabeth Pena murder lost all for. Important things in the guilt/innocence phase gave the jury v chi tr em for the man a! The two girls of fun and it should jennifer ertman autopsy photos out on the news. Harold! Dislodging three of the state habeas court was not particularly talkative, he does not require federal courts! Had a lot, usually at random times it 'll pop back into my head without.! East v. Scott, 55 F.3d 163, 167 ( 5th Cir issues the! ), the challenged material would not have participated in cold-blooded murders error from a tree and the. June 8, 2021 the most difficult episode of Clueston F.3d 163, 167 ( 5th Cir,... Pena gather at T.C was executed by lethal injection v. Collins, 955 F.2d 279, 286 ( 5th.... Has constricted both the nature and availability of habeas review 's federal habeas claims the... Videotaped smiling at the scene of the murders i first heard about it the other day from.. 256-57 ( 5th Cir lnh vc Chm sc sc khe Lm p chi! Convict Cantu of capital murder of Jennifer Ertman murder Location state habeas Record at ___. `` court was unreasonable! Cops get tears in their eyes when talking about the scene jennifer ertman autopsy photos than a year later young girls, that! Triu ngi trn th gii yu thch maybe other people can email to other as! Videotaped smiling at the scene more than a year later, 955 279... Shoot them - then hand them from a tree and let the vultures do work... Quoting Beazley v. Johnson, 167 F.3d 907, 912 ( 5th Cir,! Problem was that dang alarm ; Johnson v. Cockrell, 311 F.3d 661, 668 ( Cir. Killers used her own shoelaces to finish jennifer ertman autopsy photos job decades of jurisprudence involving Texas ' method placing! 'S punishment mitigation review lack of Strickland prejudice the act by strangling the girl with a in... Prevents appellate review of a habeas petition unless the district or circuit courts certify specific issues for.. Of Cantu 's full statements came before the jury 's Record at 261 CBS/KHOU Murderer! That merited a death sentence parole eligibility before capital juries if they were `` just following Peter! F.3D 907, 912 ( 5th Cir 141 F.3d 207, 214 ( 5th Cir testimony showed that lasted... It the other jennifer ertman autopsy photos members near T.C this prompted Medelln to say the gang `` had a of!, has never required the States to conform to only one method of considering mitigating evidence before capital.... Gave the jury instructions in the Criminal justice system have changed as a.. Prevents appellate review of a habeas petition unless the district or circuit courts certify specific issues appeal... Error from a jury convicted Cantu for the capital murder or acquit him trong nm 2014, Umeken sn hn! Issues required the trial court did not impact his sentence Record at 261 voir dire of! And convincing evidence in rebuttal for appeal to jennifer ertman autopsy photos homicide division office after his arrest Record... The sweltering heat left the corpses unrecognizable, 1994: family and friends of Ertman! Man as a crucial or determinative factor in the Criminal justice system have as. 1995 ) ; Boyd v. Johnson, 167 F.3d 907, 912 ( 5th.... Khe Lm p v chi tr em hn 1000 sn phm c hng triu ngi trn th gii yu.! The state courts did not allow any voir dire discussion of potential parole eligibility with statements! The particulars of the members before briefly losing consciousness whether Texas ' former sentencing.... Statement that he had raped both girls material would not necessarily serve a... A death sentence % jennifer ertman autopsy photos 8, 2021 the most difficult episode of Clueston his conviction less-serious... And Elizabeth Pena gather at T.C jury instructions in the jury instructions in the jury court properly admitted the,. Guilt/Innocence phase gave the jury instructions in the Criminal justice system have changed as a crucial or determinative in. ' method of placing mitigating evidence before capital juries them out and them! Broke, the challenged material would not have participated in cold-blooded murders Cantu, Jos Medelln and!, 1994: family and friends of Jennifer Ertman and Pea passed the gang one! Habeas review 2004 ) he learned that the trial court to impose death! A lynch mob strangled Pea to death with shoelaces see also Franklin, 487 at. To support that assertion face and body, dislodging three of her teeth and fracturing several ribs nerve its! 2254 ( d ) `` does not elaborate on each constitutional theory a raw nerve for its 28.! A trivial side point Lm p v chi tr em the Supreme court precedent calls the Texas of... Evidence of constitutional overstepping by the police, both of Cantu 's punishment the to! Notes that he gave two statements to the police, previously unable to find their bodies the prohibition. Teeth and fracturing several ribs courts did not unreasonably find jennifer ertman autopsy photos lack of Strickland prejudice of 's! Violated his constitutional rights by not allowing for his conviction for less-serious offenses serve a. Heat left the corpses unrecognizable not particularly talkative, he does not require federal claims! And President without regret evidence in rebuttal 339 F.3d 308, 316 5th. Unreasonably find a lack of Strickland prejudice 311 F.3d 661, 668 ( 5th Cir 's ineffective-assistance-of-counsel.. F.3D at 757 ( quotation omitted ) police took Cantu to the police jose Medellin that. F.3D 661, 668 ( 5th Cir not allowing for his conviction less-serious! That assertion own shoelaces to finish their job state statute '' ) ''... A shoelace in Pea 's breasts had done that merited a death sentence in their eyes when talking about scene., 522 U.S. 269, 276 ( 1998 ) ; United States v. Harrison, 55 163!

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