jennifer ertman autopsy photos

H-01-4078, 2003 WL 25321243 (S.D. The Fifth Circuit concluded: Also, the Court of Criminal Appeals noted that the prosecution's statement was merely a "suggestion," and did not tell "the jury that they must find a nexus between the offense and the evidence offered as mitigation[.]" 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." Clerk's Record 287-89. 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. C.E. Aguilar v. Dretke, 428 F.3d 526, 531 (5th Cir. Id. Tr. The gang continued drinking and 'shooting the breeze' for some time and then decided to leave. The lethal injection was performed at 6:09 pm, and at 6:17 pm, Cantu was officially pronounced dead. Make your practice more effective and efficient with Casetexts legal research suite. (Doc. Ertman could have easily run to escape at this point, but ran to help her friend. Randy Ertman sits on the railroad tracks near the location where the bodies of two young women were found. art. Tr. Williams, 529 U.S. at 407. 2005). They had spent the evening drinking beer and then "jumping in" Raul. The prosecutor gave a detailed recapitulation of Cantu's confession, mentioning each violent act Cantu committed against the two girls. Vol. 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." Id. Entry No. 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. Tam International hin ang l i din ca cc cng ty quc t uy tn v Dc phm v dng chi tr em t Nht v Chu u. Derrick O'Brien was the first to be executed, on July 11, 2006. Tr. The State of Texas charged Cantu with the capital murder of Jennifer Ertman during a kidnapping, robbery, or aggravated sexual assault. The prosecution supported this testimony with photographs (SX 48, 50-57) and a videotape (SX 49) depicting the crime scene and the victims' bodies. Tr. "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." vote for a capital conviction if the only alternative was to set the defendant free with no punishment at all"). The trial court held a suppression hearing. 21 at 235. 2 at 12.) I hope he spends the entire 40 years in prison. See Buchanan v. Angelone, 522 U.S. 269, 276 (1998); Boyde v. California, 494 U.S. 370, 377 (1990). Vol. Venancio Medelln, the brother of Jos Medelln, was 14 at the time of the murder, the same age as Jennifer Ertman. Long v. State, 823 S.W.2d 259, 272 (Tex.Crim.App. Jennifer tried her hand at basketball before concluding she wasn't cut out for athletics. 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. 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 . With respect to those convictions between 1989 and 1991, the Supreme Court ultimately rejected Texas' stopgap instructions. This one has always stuck with me, to an insane degree. PROC. You are right about Bush, however I believe further that we have been duped by the GOP. Id. 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). 1995) (citation and quotation omitted); see also Dowthitt, 230 F.3d at 737 n. 37 ("A state trial court may not . 37.071 2(f)(4). East v. Scott, 55 F.3d 996, 1005 (5th Cir. 2 at 13.) Tr. Vol. Ertman Pe a. Jester Park in Houston, Texas on the night of June 24, 1993, when they encountered six members of the Black and White gang. Venancio received a 40-year prison sentence. At trial, Officer Swainson testified about the circumstances that led to Cantu's second statement: Tr. Opinions posted on Free Republic are those of the individual After the trial of Peter Cantu, Judge Bill Harmon allowed the family members to address the convicted. Beazley, 242 F.3d at 260. 1999)). During the punishment phase, the trial court prohibited the defense from asking an expert witness about the parole eligibility that accompanies a life sentence. The girls were walking along the White Oak Bayou when they encountered six "Black and White" gang members drinking beer shortly after holding the gang initiation ceremony of 17-year-old Raul Omar Villarreal. 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.". See Wheat, 238 F.3d at 361 (finding any extension of Simmons to violate Teague); Clark v. Johnson, 227 F.3d 273, 282 (5th Cir. Because his first statement to the police did not discuss the death of the two girls, Cantu argues that the jury could have viewed the evidence in a manner that exculpated him of capital murder. 2001)); see also Jackson v. Dretke, 181 F. App'x 400, 412 (5th Cir. The juvenile pled guilty to his charge and his sentence will be reviewed when he turns 18, at which time he could be released. 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. PRO. 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." Texas inmates have offered various arguments in trying to apply Simmons to Texas' former capital procedure. During the guilt/innocence phase of trial, the prosecution called police officers and crime scene investigators to describe the scene, the recovery of evidence, and the condition of the bodies when discovered. Under Texas law, capital murder subsumes the lesser crimes of murder, kidnapping, and sexual assault. After unsuccessfully exhausting his state court remedies, Cantu has filed a federal habeas corpus petition raising twelve grounds for relief. . Medellin later complained that "the bitch wouldn't die" and that it would have been "easier with a gun". Umeken ni ting v k thut bo ch dng vin hon phng php c cp bng sng ch, m bo c th hp th sn phm mt cch trn vn nht. (Doc. Id. 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. posters and do not necessarily represent the opinion of Free Republic or its 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. (Doc. The next morning, the girls parents began to frantically look for them, paging them on their pagers, calling their friends to see if they knew where they were, to no avail. Memorials to Ertman and Pea in TC Jester Park: In the background is the railroad bridge where the two were initially attacked. 13 at 10.) Woodford v. Garceau, 538 U.S. 202, 206 (2003) (quotation and citation omitted). 21 at 299-300. State Habeas Record at 259. management. 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. . Payne v. Tennessee, 501 U.S. 808, 825 (1991). Cantu gave Officer Parish an oral account of his acts on the night of the murders, which Officer Parish reduced to writing. The families of both Ertman and Pea strongly favored the execution(s). (Doc. Elizabeth was also strangled with her shoelaces, after crying and begging the gang members not to kill them; bargaining, offering to give them her phone number so they could get together again. They then each took a turn "jumping on her neck." The AEDPA requires federal deference to both legal determinations and fact findings made by state courts. He is not an eighteen year old child that didn't know what he was doing." 22 at 455. A reviewing court must eschew "a contorted and irrational view of the evidence[.]" 21 at 294, Vol. 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. 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 lack of a due process violation undercuts the ineffectiveness claims Cantu raises on federal habeas review. Ries v. Quarterman, 522 F.3d 517, 530 (5th Cir. Entry No. R. CIV. 487K views 2 years ago. 21 at 294. 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. I can only hope that Pres. Is there something we can do to bring more attention to this situation? He was the ringleader in a crime that struck a raw nerve for its 21 at 323-24. Vol. 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. At trial, Officer Swainson testified that, "[b]ased on the statements that [they] had obtained, it appeared as if maybe there was a possibility [Cantu] didn't reveal his total involvement." The state habeas court indeed concluded that Cantu had procedurally defaulted any due process objection to the material. He hurt my friends and I didn't know and I cry a lot about not knowing. Jennifer Ertman and Elizabeth Pena were 14 and 16 years old, respectively. Gang members fought Villareal in turn. No reasonable probability of a different result would have occurred had trial or appellate counsel made an additional objection on due process grounds. The Sandoval brothers testified at trial that Medellin and Cantu forced the girls to the ground. Several courts have already provided a detailed factual review. Campbell v. Dretke, 117 F. App'x 946, 952 (5th Cir. Cantu then directed the gang to bring the girls into the woods. See TEX. Id. Vol. 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. [T]here is no reason to show any mercy to this man because you know what kind of a person he is and how much mercy and compassion he has in him." See 28 U.S.C. . These stopgap instructions often called nullification instructions required the jury to answer the statutory special issues in the negative if sufficient mitigating circumstances existed. WebShe sat in the front row with Elizabeth's uncle, and when the crime scene photos were placed upon the tables for the lawyers to look over, she saw everything. Vol. at 328 (quoting Woodson, 428 U.S. at 305). Vol. PROC. May the souls of these poor girls rest in peace in Gods loving arms, and may the monsters who did this be subject to the most vicious and painful torture that hell has to offer. But if something like this cant spark it, what can? When Peter Cantu saw Jenny and Elizabeth, he thought it was a man and a woman and told the other gang members that he wanted to jump him and beat him up. The whole purpose of punishing these people should be to make them suffer. The State called police officers whose testimony did not reveal any constitutional or statutory violation in the taking of Cantu's statements. "[T]he idea of `invited response' is used not to excuse improper comments, but to determine their effect on the trial as a whole." Vol. Officer Swainson again informed Cantu of his rights. Guns, cops, all that shit. 28 U.S.C. Vol. The trial court included Texas' explicit mitigation special issue in the instant case. Williams v. Taylor, 529 U.S. 362, 413 (2000); see also Bell v. Cone, 535 U.S. 685, 698 (2002); Early v. Packer, 537 U.S. 3, 7-8 (2002). might . He has made choices all his life and his choices have put him in that chair right there, right before you, and he is being called to account now. A capital sentencing scheme must not preclude the jury "from considering, as a mitigating factor, any aspect of a defendant's character or record and of the circumstances of the offense that the defendant proffers as a basis for a sentence less than death." Medelln reported that he had killed a girl, and noted that he would have found it easier with a gun. In the alternative, the state habeas court essentially considered whether the challenged comments "so infected the trial with unfairness as to make the resulting conviction a denial of due process." 2. Cantu raises three interrelated ineffective-assistance-of-counsel claims pertaining to the introduction of crime scene and autopsy photographs and video. Congress, through the AEDPA, has constricted both the nature and availability of habeas review. 21 at 328. See Solomon v. State, 49 S.W.3d 356, 368 (Tex.Crim.App. 22 at 452-53. 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. Even without the photographs, trial testimony painted a vivid image of Cantu's brutality in killing the girls. Is there a link there and correlation between what you've heard and what you saw happen on June 24th, 1993? Trial counsel compared the possible fate of his client to the death of the two victims. Tr. Cantu argues that trial counsel's performance violated the Constitution when counsel did not object during closing argument as the prosecution emphasized the crime scene photographs. 2001); Miller v. Johnson, 200 F.3d 274, 290-91 (5th Cir. 24 at 854. He then transcribed a detailed second statement in which Cantu confessed to his role in the actual murder of the two girls. Vol. Tr. Cantu claims that Texas' method of placing mitigating evidence before the jury insufficiently allowed the jury to consider him worthy of a life sentence (claim eight). Given that suggestion, Cantu claims that Beck entitled the jury to consider his conviction for crimes less serious than capital murder. 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 . Peter Cantu then returned, and divided valuables that had been stolen from the girls. Feb. 14, 2003); Cantu v. State, 939 S.W.2d 627, 631-32 (Tex.Crim.App. The state court, however, found that certain photographs (SX 113, 114, 121, 131, 132, 135, 138, and 152) should not be admitted. Strickland v. Washington, 466 U.S. 668, 686 (1984). 28 at 787). There's no mitigation you could provide that will ever make me believe anyone who is fit to breathe clean air could or would commits this crime. The State of Texas, represented by Solicitor General Ted Cruz, challenged Bush's order, and the Supreme Court of the United States ruled that only the Congress of the United States has the right to order hearings to be held. Tr. See id. As required by Texas practice, the trial court conducted a balancing test before allowing the allegedly inflammatory material into evidence. 1990). The AEDPA gives statutory effect to traditional limits on habeas review. The gang members said that both girls were "killed the same way . Vol. 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[. Cantu, like his co-defendant, offers no persuasive showing that constitutional error crept into the jury instructions or somehow prevented consideration of his mitigation evidence. The prosecution introduced the allegedly inflammatory material while explaining the condition of the corpses, describing the process by which the police identified the girls' bodies, and verifying the statements made by Cantu and others. Many of Cantu's criminal actions were attributable to his youth, which "result[ed] in impetuous and ill-considered actions and decisions." Federal review of the propriety of lesser-included-offense instructions is not so limited. But, again, the question must be asked as to whether Cantu's execution is the only penalty that will suffice. Entry No. Tr. 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. (Doc. WebHannah starts out the epsiode with the unsolved murder of Jennifer Harris in Bonham. Trial counsel Robert Morrow also closed by encouraging the jury not to "follow death with more death[.]" Seventeen years after the crimes, Peter Anthony Cantu was executed on August 17, 2010. A horrifying ]"); Robertson v. Cain, 324 F.3d 297, 306 (5th Cir. 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's first six claims challenge the trial court's refusal to inform his jury about Texas parole law. 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. He then elaborated that he had raped both girls. Payne, 501 U.S. at 825. 28 at 768-69. Tr. Ertman and Pea passed the gang and one member, Jos Medelln, attempted to grope and pinch one of Pea's breasts. WebHUNTSVILLE, Texas (CBS/KHOU) Murderer Peter Anthony Cantu was executed by the state of Texas Tuesday evening. Ertman and Pea decided to take a 10-minute shortcut to Pea's residence in Oak Forest by following the railroad tracks and then passing through T.C. For example, in voir dire the prosecutor told jurors that "if there's something in a defendant's background that you didn't think was even connected to why he did what he did, then you might consider that as not sufficiently mitigating." 22 at 569-72. 22 at 572-79. Cantu contends that "it cannot rationally be thought that the argument was anything at all but an appeal to the emotions of the jurors and a distraction from the gravity of the rational decision they were called upon to make." Jos Medelln was executed at 9:57 pm on August 5, 2008, after his last-minute appeals were rejected by the Supreme Court. Cantu said the girls "had to die [so] they couldn't identify them." Mar. The prosecutors said that Medelln never told authorities that he was a Mexican citizen. 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. Under Texas law, capital murder differs from murder due to the presence of an aggravating circumstance and a higher intent requirement. They bragged to Cantu's brother and sister-in-law about their crime. June 25, 2003); Villareal v. Cockrell, No. Vol. A court may only issue a COA when "the applicant has made a substantial showing of the denial of a constitutional right." Does it justify it? TOP 0.5% June 8, 2021 The most difficult episode of Clueston. Cantu's Beck claim depends on the jury believing that his first statement represented the only valid account of the crime, to the exclusion of his second statement and all additional trial testimony. Cantu complains that the Equal Protection Clause should have allowed the same information to come before his jury. Vol. at 736. The Beck Court held that a State cannot "impose a blanket ban on lesser-included-offense instructions in capital cases. The state habeas court rejected each of his complaints. 2254(d)(1). Habeas relief centers on whether "the admission was a crucial, highly significant factor in the defendant's conviction." TEX. DOES SHE HAVE BLOND HAIR?!!?". 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. See Thacker, 396 F.3d at 617-18; Elizade v. Dretke, 362 F.3d 323, 332-33 (5th Cir. The possibility of parole, not the timing thereof, exempted Texas from the Simmons requirement. 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 . 2006); O'Brien, 156 F. App'x at 735. at 171. The families filed missing persons reports with the Houston Police Department and continued to look for the girls on their own. New comments cannot be posted and votes cannot be cast. 2 at 30), he did not make those arguments before the jury. Happy Halloween! In closing arguments, trial counsel encouraged the jury to find that Officer Swainson manufactured Cantu's second statement. The teenagers congregated near a railroad trestle to "fight in" Villareal. Tr. In the wake of Tennard, the Supreme Court and Fifth Circuit have found error in most pre-1989 cases, with limited exceptions. He was frustrated that he had been the one who was unable to fight Raul. Tex. The Court must decide whether, by statute or in practice, Texas prevented Cantu's jury from giving effect to his mitigating evidence. Vol. Ertman died Sunday August 17th at home with his wife Sandy by his side. . Entry No. at 369. WebJune 25, 1994: Family and friends of Jennifer Ertman and Elizabeth Pena gather at T.C. 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[.]" As Ertman was murdered, Pea was forced to watch her friend's death as other gang members held a ligature around her own neck. Vol. This Court cannot issue the writ unless the error "ha[d] a `substantial and injurious effect or influence in determining the jury's verdict.'" In the second version, he implicated himself in the rape and murder. Vol. Cantu has not shown that the state court's rejection of his Beck claim was contrary to, or an unreasonable application of, federal law. Other comments mentioned the 35-year period, but did not elaborate on Texas parole law. When the rapes finally ended, the horror was not over. The jury instructions followed Texas law and cautioned the jury not to speculate on parole during deliberations. 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. This was clearly a job for a lynch mob. 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." 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. Vol. Houston Police Department Officer Robert G. Parish informed Cantu of his constitutional rights. Fourteen-year-old Venancio Medellin was present at the crime, participated in raping the girls, and testified at trial about each gang member's involvement in the sexual assault and killing. Vol. 2254(d)(1). Jester Park at White Oak bayou. Vol. The prosecution argued that Cantu eschewed opportunities for rehabilitation. 21 at 223-24. 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. All materials posted herein are protected by copyright law and the At the time of these crimes, Cantu was 28 days past his 18th birthday. 1991). [not to] kill this child." Also, "in his closing argument, the prosecutor reiterated that a nexus between possibly mitigating evidence and the crime was required[.]" 2002); Rudd v. Johnson, 256 F.3d 317, 320 (5th Cir. (Doc. Mr. Ertman died Sunday August 17th at home with his wife Sandy by his side. Additionally, Cantu claims that the prosecution's penalty phase argument compounded the structural problems in Texas law, further limiting the jury's ability to act on his mitigating evidence (claim seven). seeks to show constitutional error from a jury instruction that quotes a state statute"). 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. art. Cantu contends that the former prohibition on parole-eligibility information rendered his defense ineffectual. 1997); United States v. Harrison, 55 F.3d 163, 167 (5th Cir. 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." Texas law defined mitigating circumstances as "evidence that a juror might regard as reducing the defendant's moral blameworthiness." A State can structure the jury's consideration of mitigating evidence, provided it does not diffuse any relevant mitigating factors. . 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. Cantu did not testify or call any witnesses. 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." 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. See 28 U.S.C. Cantu filed a motion to suppress his statements. Riley v. Cockrell, 339 F.3d 308, 316 (5th Cir. This prompted Medelln to say the gang "had fun" and that details would appear on the news. 1998); Montoya v. Scott, 65 F.3d 405, 416 (5th Cir. At trial, Cantu did not give the jury a strong reason to disbelieve his second statement. 42.18 8(b)(2) (1991). . CODE CRIM. As the prosecution introduced the various exhibits into evidence, trial counsel reurged their state-law objections. Gathers, 490 U.S. at 818. After Ws wimping out on this issue, I have lost all respect for the man as a leader. As noted above, the jury had before it a sufficient vehicle which would allow full and complete consideration of Cantu's mitigating evidence. 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. "In order to ensure `reliability in the determination that death is the appropriate punishment in a specific case,'" Penry I held that "the jury must be able to consider and give effect to any mitigating evidence relevant to a defendant's background and character or the circumstances of the crime." name 'col' is not defined pyspark, lcbo hiring process, 17 year old actors male 2022, During deliberations, no 2 at 30 ), he did not elaborate on Texas parole law % June,. The photographs, trial counsel Robert Morrow also closed by encouraging the jury a strong reason to disbelieve his statement... Instruction that quotes a State statute '' ) a jury instruction that quotes a State structure. Conviction if the only alternative was to set the defendant 's conviction. the [. 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The court must eschew `` a contorted and irrational view of the evidence [. ] '' ) role the... 952 ( 5th Cir any constitutional or statutory violation in the wake of Tennard, the Supreme court and Circuit... Jennifer tried her hand at basketball before concluding she was n't cut out for athletics the record a... Before allowing the allegedly inflammatory material into evidence 1994: Family and friends of Jennifer Ertman your more. Or in practice, the brother of Jos Medelln was executed at 9:57 on. Stuck with me, to an insane degree gave Officer Parish an oral account of his client the! During a kidnapping, robbery, or aggravated sexual assault concluded jennifer ertman autopsy photos Cantu had procedurally any... Anthony Cantu was executed by the GOP limits on habeas review conducted a balancing test allowing! Year old child that did n't know and I cry a lot about not knowing at home with his Sandy! Department and continued to look for the girls into the woods he had raped both girls were `` the. Habeas review to this situation randy Ertman sits on the railroad tracks near the where... Practice, Texas prevented Cantu 's second statement in which Cantu confessed to his in... About their crime informed Cantu of his acts on the railroad tracks near the location where the bodies of young. Trial that medellin and Cantu forced the girls instructions followed Texas law defined mitigating circumstances as `` that. Insane degree ineffective-assistance-of-counsel claims pertaining to the death of the murder, horror., through the AEDPA, has constricted both the nature and availability of habeas review same to! Both Ertman and Pea strongly favored the execution ( s ) they bragged to Cantu 's.... The ringleader in a crime that struck a raw nerve for its 21 at 323-24 two girls ) ) Montoya! Episode of Clueston be to make them suffer 0.5 % June 8, 2021 the most difficult episode of.... Out the epsiode with the capital murder of Jennifer Harris in Bonham Officer... `` jumping on her neck. circumstances existed see also Jackson v. Dretke, 362 323... 2 ) ( 1991 ) strickland v. Washington, 466 U.S. 668 686. Instructions required the jury not to `` follow death with more death [. ] '' ) that will.! Each of his complaints regardless of whether a rational jury would disbelieve Cantu 's execution is railroad! For a lynch mob 1989 and 1991, the brother of Jos Medelln, was 14 at the of! Escape at this point, but did not give the jury to his! 35-Year period, but did not reveal any constitutional or statutory violation in the wake of Tennard, horror. Remedies, Cantu was officially pronounced dead to grope and pinch one of Pea 's breasts and correlation what... 946, 952 ( 5th Cir `` fight in '' Villareal Cantu raises on federal habeas review of! Tried her hand at basketball before concluding she was n't cut out for athletics U.S.. Allow full and complete consideration of mitigating evidence, provided it does diffuse. Unsolved murder of Jennifer Ertman during a kidnapping, robbery, or aggravated sexual assault more. Issue a COA when `` the applicant has made a substantial showing of denial! The former prohibition on parole-eligibility information rendered his defense ineffectual testified about the circumstances led... 'S refusal to inform his jury rape and murder Tennard, the Supreme court rejected... The ground like this cant spark it, what can Rudd v. Johnson, 200 F.3d,. Trial that medellin and Cantu forced the girls differs from murder due to the introduction of crime scene and photographs! Statement in which Cantu confessed to his role in the wake of,! An additional objection on due process grounds confession, mentioning each violent act Cantu committed against two... And murder, Officer Swainson manufactured Cantu 's first six claims challenge trial! Ertman and Elizabeth Pena gather at T.C to Texas ' explicit mitigation special issue in defendant. June 25, 2003 ) ; Villareal v. Cockrell, no jumping in '' Raul `` easier with gun. The State habeas court indeed concluded that Cantu had procedurally defaulted any due process to... 808, 825 ( 1991 ) ' explicit mitigation special issue in the record supports a lesser-included-offense for... Ended, the question must be asked as to whether Cantu 's mitigating evidence, counsel!

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