24 at 966-67. Cantu, 939 S.W.2d at 632; State Habeas Record at 257. Vol. The Supreme Court, however, has never required the States to conform to only one method of considering mitigating evidence. Id. (Doc. Cantu claims that the language of Texas' statutorily authorized mitigation special issue impeded full jury consideration of his penalty-phase evidence. Simmons, however, only applies to a capital sentencing scheme that provides for life without the possibility of parole. . 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[. might . When Perez went to shower and clean the blood off him, Jose Medellin began to describe the events of that evening. 21 at 212. Under Respondent's reasoning, the separation of the conviction and sentencing decisions in Texas' capital punishment scheme diffuse the core concern of Beck: that a jury will impose a death sentence fearing that they would free a man guilty of a lesser crime. To warrant the lesser-included-offense instruction, however, the evidence of the lesser crime must be of sufficient magnitude to allow a rational jury to convict him only for that offense. . Derrick O'Brien was the first to be executed, on July 11, 2006. The prosecution supported this testimony with photographs (SX 48, 50-57) and a videotape (SX 49) depicting the crime scene and the victims' bodies. 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." The Tennard court found that the Fifth Circuit's precedent "ha[d] no foundation in the decisions of [the Supreme] Court." At trial, Officer Swainson testified about the circumstances that led to Cantu's second statement: Tr. State Habeas Record at 259. I have voted for him as Governor and President without regret. Strickland, 466 U.S. at 700. 21 at 116-11. I think about this case a lot, usually at random times it'll pop back into my head without warning. She was then forced to remove her underwear. The trial court refused to provide the jury with the requested instructions. Cantu emphasizes that the State must afford the jury a vehicle to consider "any aspect of the defendant's character proffered as a basis for the imposition of a sentence less than death." 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." She felt sorry for the families and wanted them to be able to put their daughters' bodies to rest. 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. art. See 28 U.S.C. 2005). While Cantu mentions several constitutional bases for these claims, he does not elaborate on each constitutional theory. 24 at 854. The question is whether Texas' definition of mitigating evidence inhibits mitigation review. 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." Corey Mitchell's book "Pure Murder," which details the Vol. The girls attended a party link True Crime Videos Graves: Elizabeth Pea & Jennifer Ertman Murder Location http://www.freerepublic.com/focus/f-news/1908103/posts, Bush, Texas at Odds Over Death Case Peter Anthony Cantu ("Cantu"), a Texas inmate, seeks federal habeas corpus relief. While were at it maybe some pads for Jorge Sr. for his meets with Bubba. Tr. Tr. 1997); United States v. Harrison, 55 F.3d 163, 167 (5th Cir. Cantu has not shown that the admission of the challenged material was fundamentally unfair, particularly since the trial court clearly tried to filter out any unnecessarily disturbing material. For the reasons that have been given, Respondent's Motion for Summary Judgment is GRANTED and the Federal Petition is DENIED. Clerk's Record at 268-69. Like 4 of us climbed a tree. 28 at 664. there are times we have all thought and had dreams of what we would do with a big lottery win. "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[.]" That some defendants received more than the Constitution requires does not mean the omission of the information was error in Cantu's case. This Court cannot issue the writ unless the error "ha[d] a `substantial and injurious effect or influence in determining the jury's verdict.'" (Doc. I'm going to show up to his parole. Both then completed the act by strangling the girl with a shoelace in Pea's presence. Vol. seeks to show constitutional error from a jury instruction that quotes a state statute"). After unsuccessfully exhausting his state court remedies, Cantu has filed a federal habeas corpus petition raising twelve grounds for relief. Tr. The lethal injection was performed at 6:09 pm, and at 6:17 pm, Cantu was officially pronounced dead. Entry No. Cantu has not shown any constitutional error in the taking of his statements. . This Court, therefore, applies general summary judgment standards only insofar as they do not conflict with the language and intent of the AEDPA. WebJennifer Ertman and Elizabeth Pea were walking home along White Oak Bayou and through T.C. See Tr. 2254(d)(1). 2001)); see also Jackson v. Dretke, 181 F. App'x 400, 412 (5th Cir. This Court must decide whether, in light of the whole evidentiary picture, a rational juror would have acquitted the defendant of capital murder and found him guilty of another offense. Cantu filed a pre-trial motion to suppress his confessions. O'Brien, 156 F. App'x at 734. At sentencing, the offenders were remanded to the Texas Department of Criminal Justice (TDCJ) system. 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. Tr. Vol. Clerk's Record at 278. Vol. Accordingly, where the state courts have resolved factual allegations by express or implicit findings, federal courts construe facts in a prisoner's favor only after he has shown that the findings are incorrect under 28 U.S.C. O'Brien, 156 F. App'x at 736. It was traced to the home of the brother of one of the men later sentenced to death for these murders. I need not go further. The State used substantially the same language when prosecuting O'Brien for his role in the Ertman/Pena murders. Tr. Vol. . That guy was a fucking monster. The gang members took Jenny and Elizabeth from the clearing into a wooded area, leaving the juvenile behind, saying he was "too little to watch". "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." CODE CRIM. The Due Process Clause protects against prosecutorial excess in closing summation. 2005); O'Brien v. Dretke, 4:02-CV-1865 (S.D. The rapes and murders of Jennifer Lee Ertman and Elizabeth Christine Pea, two teenage girls from Houston, Texas, aged 14 and 16, respectively, 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 28 at 790. I can only hope that Pres. 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. Id. 37.07, 4(a) (West 1993). 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[.]" I imagine these sick fucks were all quite proud to share the details. The state habeas court held that Cantu "fail[ed] to show that the admission of such autopsy and crime scene photos and crime scene video violated his due process rights[.]" The police helicopter was flying over the park and this apparently prompted Mr. 'Gonzalez' to make a 911 call, directing the search to move to the other side of the bayou. The trial court reviewed the other photographs, found that they were essential to explain the medical examiner testimony, and discussed with the prosecution how to best present the photographs without shocking the jury. 2001); Miller v. Johnson, 200 F.3d 274, 290-91 (5th Cir. One of the boys boasted of having 'virgin blood' on him. 2254(d)(1). 21 at 223-24. See Alexander v. Johnson, 211 F.3d 895, 898 (5th Cir. Cantu's federal habeas claims require the Court to discuss the particulars of the murders. Venancio received a 40-year prison sentence. 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. 21 at 299-300. I cant even imagine those poor girls. 24 at 944. The "The Fifth Circuit's interpretation of Beck requires a trial court judge to consider all of the evidence in the case as a whole in determining whether a rational jury could have found the defendant not guilty of capital murder but guilty of a lesser-included offense." As compelling a case as the facts present, the application of the law to these facts necessarily causes misgivings even to the most ardent proponents of the death penalty. "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." Donald R. Davis 21 at 328. Tr. 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. If you're willing to put it in writing. As the others described the rapes, Cantu "is just agreeing with them" with "a grin on his face." Importantly, the state courts did not unreasonably find a lack of Strickland prejudice. I was in a tree. at 569 (quotation omitted). 1. 2254(d)(1). Entry No. Death penalty opponents protested the impending execution. 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 Memorials to Ertman and Pea in TC Jester Park: In the background is the railroad bridge where the two were initially attacked. 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. Structural Error in Texas' Mitigation Special Issue. 21 at 210, 257. See Horn, 536 U.S. at 272 (relying on Teague v. Lane, 489 U.S. 288 (1989)). Create an account to follow your favorite communities and start taking part in conversations. Cantu's claim invokes decades of jurisprudence involving Texas' method of placing mitigating evidence before capital juries. 403. As the Court of Criminal Appeals observed: "For a rational jury to find that appellant was guilty only of murder, some evidence must exist in the record that appellant did not commit sexual assault, robbery, or kidnapping or did not kill during the commission of or in the immediate flight from committing any of these offenses." They were last seen by friends about 11:15 at night, when they left a friend's apartment to head home, to beat summer curfew at 11:30. It's his choice. After a separate punishment hearing, the jury answered Texas' special issue questions in a manner requiring the imposition of a death sentence. Disclaimer: 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. 2008). WebHUNTSVILLE, Texas (CBS/KHOU) Murderer Peter Anthony Cantu was executed by the state of Texas Tuesday evening. 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. Governor Rick Perry argued that Texas is not bound to World Court rulings. 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