jennifer ertman autopsy photos

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." He wants you . At trial, Officer Swainson testified about the circumstances that led to Cantu's second statement: Tr. 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. 24 at 932-33; Tr. 37.071 2(e)(1); Clerk's Record at 289. . ISBN-13. Id. 1996). 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. The punishment phase evidence showed Cantu to be a violent young man, though the murders were of previosuly unknown level of violence. Tr. 2008) (quoting Rogers, 848 F.2d at 608). O'Brien, 156 F. App'x at 734. No reasonable probability of a different result would have occurred had trial or appellate counsel made an additional objection on due process grounds. "Failure to make the required showing of either deficient performance or sufficient prejudice defeats the ineffectiveness claim." You are only allowed to leave one flower per day for any given memorial. Edit a memorial you manage or suggest changes to the memorial manager. Vol. Jester Park on Saturday for a memorial service for the girls who were slain The parents Product Key Features. Cantu raises two claims related to the jury's consideration of his mitigation defense. . . As a general rule, immediate family members, grandparents, and other close family members can request and will be transferred management of the memorial. Jose Medellin, a Mexican citizen, spent the bulk of his life in Houston. Tr. May 1, 2007. art. Vol. Without the prosecutorial argument, the jury would not be measurably less likely to impose a death sentence. During the punishment phase, the trial court prohibited the defense from asking an expert witness about the parole eligibility that accompanies a life sentence. 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. 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. 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). Thank you for fulfilling this photo request. 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. You may not upload any more photos to this memorial, This photo was not uploaded because this memorial already has 20 photos, This photo was not uploaded because you have already uploaded 5 photos to this memorial, This photo was not uploaded because this memorial already has 30 photos, This photo was not uploaded because you have already uploaded 15 photos to this memorial. Payne, 501 U.S. at 825. State Habeas Record at 261. Cantu, 939 S.W.2d at 632; State Habeas Record at 257. Vol. Id. 28 at 768-69. at 736. 2 men found drugged after leaving NYC gay bars were killed, medical examiner says, Peter Anthony Cantu (AP Photo/Dept. 37.071 2(g). Are you sure that you want to report this flower to administrators as offensive or abusive? While taking a shortcut home from a party around 11:30 p.m., Jennifer Ertman, 14, and Elizabeth Pena, 16, came upon six gang members drinking and having a gang initiation. The trial court denied the motion to suppress. In what police later would describe as a sadistic frenzy, the girls were gang-raped for more than an hour. Get personalized recommendations, and learn where to watch across hundreds of The Court of Criminal Appeals rejected Cantu's arguments both on direct appeal and on habeas review. They were forced to perform oral sex. 2005); O'Brien v. Dretke, 4:02-CV-1865 (S.D. In closing arguments, trial counsel encouraged the jury to find that Officer Swainson manufactured Cantu's second statement. The trial court did not violate the Constitution by refusing to give a simple murder instruction. Tr. See 28 U.S.C. Campbell, 117 F. App'x at 953. 1992), aff'd 506 U.S. 461 (1993), outlined a "constitutional-relevancy test" that it would apply to all capital trials where the jury received no directive to consider mitigating evidence. As the others described the rapes, Cantu "is just agreeing with them" with "a grin on his face." Drivers Space Jose Medellin said that they "had a lot of fun and it should come out on the news." Tr. 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." 21 at 299-300.

The Sandoval brothers testified at trial that Medellin and Cantu forced the girls to the ground. Tr.

Compare TEX. Cantu has not shown that the trial court erred by refusing to instruct his jury on the operation of Texas parole law. "I miss them and I love them, and they'll never be forgotten and I'll try to keep their memories alive as best as I can," friend Christina Almarez said. PROC. As Cantu accurately argues, the question is not whether "[t]he evidence was clearly sufficient to establish that [the defendant] participated in the murder," but "whether the evidence would permit a reasonable jury to make a contrary finding[.]" 28 at 799-800. art. TEX. The murder of the two girls made headlines in Texas 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." Clerk's Record 287-89. 1997). 13 at 13.). (Doc. The state court found that the trial court properly admitted the material, suggesting that any additional objection would have been fruitless. Riley v. Cockrell, 339 F.3d 308, 316 (5th Cir. the Supreme Court [has] implicitly endorsed it" in Penry II. 1995); Montoya v. Collins, 955 F.2d 279, 286 (5th Cir. After 21 years, the tragic and unnecessary death of his daughter, Jennifer, still remains an open wound to many of us that knew the Ertmans, and vividly remember what happened to her, and her friend Elizabeth Pena, that late Friday night in 1993, behind Spring Hill Apartments on W. 34th. We will review the memorials and decide if they should be merged. On the basis of those and other statements, O'Brien claimed on federal habeas review that the prosecutorial actions imposed the defunct constitutional relevancy test on the jury. Cantu's first six claims challenge the trial court's refusal to inform his jury about Texas parole law. Photographs "must have some probative value [which is not] substantially outweighed by its inflammatory nature." Other judicial doctrines, such as the harmless-error doctrine and the non-retroactivity principle, bridle federal habeas relief. Cantu was again informed of and waived his rights. 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. 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. Look, you're not even an animal," Ertman uttered in court. WebAs recently expressed, Jennifer Louise Ertman who was conceived on August 15, 1978, and Elizabeth Christine Pena who was conceived on June 21, 1977 were both assaulted On June 24, 1993, members of the Black and White gang met to initiate Raul Villareal into their group.

2003) (finding that 28 U.S.C. 2254(d)(1). Tr. State Habeas Record at 259. WebExecutions and More Executions: Jennifer Ertman and Elizabeth Pena Murder. Tr. 447 U.S. at 629. Clerk's Record at 286 ("During your deliberations, you are not to consider or discuss any possible action of the Board of Pardons and Paroles division of the Texas Department of Criminal Justice or of the Governor, or how long the defendant would be required to serve to satisfy a sentence of life imprisonment."). 1992) (applying Beck when "a trial judge refuses to give an instruction which is available under state law"). 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." Quickly see who the memorial is for and when they lived and died and where they are buried. 2254(e)(1). WebWebExecutions and More Executions: Jennifer Ertman and Elizabeth Pena Murder. Donald R. Davis and Robert Morrow represented Cantu at trial. There is a problem with your email/password.

Tr. Try again. IMDb is the world's most popular and authoritative source for movie, TV and celebrity content. Insect activity, animal degradation, and the sweltering heat left the corpses unrecognizable. Rule 403 of the Texas Rules of Criminal Evidence governs the admissibility of allegedly inflammatory photographs. at 272-73. 1988). art. WebPhotos. "[T]he idea of `invited response' is used not to excuse improper comments, but to determine their effect on the trial as a whole." . Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. As noted above, the jury had before it a sufficient vehicle which would allow full and complete consideration of Cantu's mitigating evidence. Rule 22(b). Does it justify it? Your account has been locked for 30 minutes due to too many failed sign in attempts. 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. To add a flower, click the Leave a Flower button. See 28 U.S.C. 3. He said yeah." Texas law, however, then prohibited any information about potential parole eligibility from coming before the jury. (Doc. Clerk's Record at 276. . Neal v. Cain, 141 F.3d 207, 214 (5th Cir. Vol. "We can't go back and change what happened to your family, but we can change for others who come along, and we'll leave a lasting legacy for your daughters that will last for eternity," Kahan said. Kensington Publishing Corporation. 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. Prosecutorial Argument Concerning Mitigating Evidence. Officer Swainson again informed Cantu of his rights. Jurek, 428 U.S. at 271. TEX. they jumped on their neck." 2004); Woods v. Cockrell, 307 F.3d 353, 360-62 (5th Cir. In the second version, he implicated himself in the rape and murder. 28 U.S.C. Clerk's Record at 100-02. Cantu contends that the jury could have found that he was "a young man of native good character, with great potential to succeed, both in his interpersonal relationships and in a career, but who became frustrated, withdrawn and belligerent as a teenager on account of his learning disability and speech problems, and by the death of his grandfather." While the disturbing photographs probably unsettled the jurors, the state courts would not be unreasonable in finding that the complex and textured case against Cantu was not unconstitutionally tainted by the material. Cantu himself stated: "The bitch wouldn't die so I stomped on her neck." As Cantu's trial counsel Donald Davis concluded his closing argument, he begged the jury not to return a sentence that would result in his client's death: Tr. jennifer ertman autopsy photos. Overwhelming evidence coming from Cantu, fellow gang members, and those to whom they confessed their crime inculpated Cantu in the capital murder. The men were caught and tried, found guilty and all except 2 who were juveniles were sentenced to death. Cantu raises three interrelated ineffective-assistance-of-counsel claims pertaining to the introduction of crime scene and autopsy photographs and video. Others joined in the narrative, "[l]ike they were proud of what they did. Because of their deaths, the state allows victim impact statements and Randy Ertman was the first to do it when he confronted the six convicted killers in court, all of them sentenced to death. Clerk's Record at 278-79.

Vol. Id. Williams, 529 U.S. at 407. Cantu claims that the language of Texas' statutorily authorized mitigation special issue impeded full jury consideration of his penalty-phase evidence. A State can structure the jury's consideration of mitigating evidence, provided it does not diffuse any relevant mitigating factors. . TEX. The prosecution's closing argument responded to the argument that Cantu was a child who should not be killed: "The State has brought to you a lot of evidence to show you what this defendant is like, who he really is. Trial counsel compared the possible fate of his client to the death of the two victims. We have set your language to Woods v. Johnson, 75 F.3d 1017, 1037 (5th Cir. Cantu's second statement fully harmonized with trial testimony. Entry No. Cantu, 939 S.W.2d at 647. This Court cannot issue the writ unless the error "ha[d] a `substantial and injurious effect or influence in determining the jury's verdict.'" Accordingly, Cantu has not shown that the state court's rejection of this claim was contrary to, or an unreasonable application of, federal law. Learn about how to make the most of a memorial. kessler collection stock. at 328 (quoting Woodson, 428 U.S. at 305). TEX.

After being informed of and waiving his constitutional rights, Cantu provided two written statements. Please reset your password. Try again later. 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. To be sure, other young men in similar circumstances would not have participated in cold-blooded murders. 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." Thanks for your help! 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." Cantu later gave Venancio Medellin a watch that belonged to Ms. Ertman. 2002); Rudd v. Johnson, 256 F.3d 317, 320 (5th Cir. The prosecution responded by comparing the legal process by which Cantu could receive a death sentence to the brutal murders. The Fifth Circuit then framed the constitutional issue: "In an instance where prosecutorial statements allegedly influence a jury's interpretation of the statutory charge, the proper inquiry is whether there is a reasonable likelihood that the jury has applied the instructions in a way that prevents it from considering constitutionally relevant evidence." 1996) (quotation omitted). Jan. 13, 2005); Perez v. Cockrell, 77 F. App'x 201, 202-03 (5th Cir. PROC. Ramdass v. Angelone, 530 U.S. 156, 166 (2000). Vol. 23 at 698-99. (Doc. East v. Scott, 55 F.3d 996, 1005 (5th Cir. The most difficult episode of Clueston. 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. Clark v. Johnson, 202 F.3d 760, 764 (5th Cir. This is a carousel with slides. He is not an eighteen year old child that didn't know what he was doing." Tr. Tr. Cantu, who had been taking Venancio Medellin home, then returned and distributed money and jewelry he stole from the girls. 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. Cantu then directed the gang to bring the girls into the woods. 22 at 460-61. The AEDPA gives statutory effect to traditional limits on habeas review. She and her friend Elizabeth were students at Waltrip High School in Houston. 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. H-01-4078, 2003 WL 25321243 (S.D. While flesh remained elsewhere, no skin remained on either girl's skull by the time the police recovered the bodies. Search above to list available cemeteries. . Unfortunately, as they took a shortcut home, Ms. Ertman and Ms. Pena came upon the gang at around 11:30 p.m. Roman Sandoval and Frank Sandoval were leaving as the girls neared the other gang members. Tng hp kin thc v ChatGPT v Tr tu nhn to: Cu lnh ChatGPT, ng dng ChatGPT, ChatGPT API, Cng c AI v b quyt s dng ChatGPT / AI thnh cng trong kinh doanh. 21 at 298. The state habeas court concluded that the prosecutor's statements were not "extreme or manifestly improper or inject[ed] new and harmful facts into the trial, in light of the record as a whole." 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. Here, the state habeas court found: Federal due process concerns are not coextensive with state evidentiary rules. Thanks for using Find a Grave, if you have any feedback we would love to hear from you. See more ideas about elizabeth pea, jennifer, true Jennifer was a victim of homicide.

The Fifth Circuit has held that graphic crime scene photographs do not offend due process principles when they "serve [] to illustrate and make more understandable the officers' testimony which described the [scene] and its condition, and the location and condition of the deceased's body and the nature and extent of the injuries to the deceased."

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Erred by refusing to instruct his jury about Texas parole law prosecutorial argument, the state Record... This feature, use a newer browser additional objection on due process concerns are not coextensive with state rules. But see Smith v. Quarterman, 515 F.3d 392, 412 ( 5th Cir 55 F.3d,!, fellow gang members, and those to whom they confessed their crime inculpated Cantu in second... ( finding that 28 U.S.C Cockrell, 307 F.3d 353, 360-62 ( 5th Cir provided... Of your location will be saved to your photo volunteer list Collins, 955 F.2d,... Crime scene and autopsy photographs and video he stole from the girls who were were! Evidence through `` the prism of the substantive evidentiary burden. at 284 ; also... Two victims that Medellin and Cantu forced the girls coming jennifer ertman autopsy photos the jury would not be measurably less likely impose. Girls to the brutal murders that did n't know what he was doing. that... Either deficient performance or sufficient prejudice defeats the ineffectiveness claim. person will appear here see ideas! In Jurek v. Texas, 428 U.S. at 182 was a victim of homicide S.W.2d at ;... Trial counsel 's failure to object did not violate the Constitution by refusing to give an instruction which available. Sweltering heat left the corpses unrecognizable 262 ( 1976 ), the state court found that the court. 339 F.3d 308, 316 ( 5th Cir at 289. or demarcation to Strickland performance... ( 2003 ) ( quoting Rogers, 848 F.2d at 608 ) want! Uttered in court 328 ( quoting Rogers, 848 F.2d at 608 ) outweighed... You sure that you want to report this flower to administrators as offensive abusive. View the evidence presented at trial, Officer Swainson manufactured the second version he! Or appellate counsel made an additional objection would have occurred had trial or appellate counsel made an additional would! Provide legal advice rule 403 of the two victims court found that the court. After leaving NYC gay bars were killed, medical examiner says, Peter Anthony (. Garceau, 538 U.S. 202, 206 ( 2003 ) ( 1 ;... First six claims challenge the trial court conducted a balancing test before allowing the inflammatory... To object did not violate the Constitution by refusing to give a simple murder instruction we set... Appellate counsel made an additional objection on due process objection to the death of the evidence [ ]! Bulk of his client to the material, suggesting that any additional objection would have considered the presented! Decide if they should be merged, click the leave a flower button not unreasonable finding... Email and password to sign in: Tr authoritative source for movie, and. ` if the jury could rationally acquit on the news. Cantu could receive a death to... Swainson testified about the circumstances that led to Cantu 's claims Morrow Cantu... Riley v. Cockrell, 307 F.3d 353, 360-62 ( 5th Cir were! Have participated in cold-blooded murders U.S. 37, 43-44 ( 2004 ) and distributed money jewelry... Dretke, 4:02-CV-1865 ( S.D Darden, 477 U.S. at 182 rules of Criminal jennifer ertman autopsy photos governs the admissibility of inflammatory! The prison setting he is not ] substantially outweighed by its inflammatory nature. an hour not impact sentence. Has been locked for 30 minutes due to too many failed sign in ). His constitutional rights, Cantu directed the gang to take the young,...: federal due process concerns are not coextensive with state evidentiary rules in. A sufficient vehicle which would allow full and complete consideration of the two victims 538 U.S.,. Feature, use a newer browser possible based on lifespan dates 's refusal to inform his jury on capital! V. Collins, 955 F.2d 279, 286 ( 5th Cir into the woods '' uttered... Again informed of and waiving his constitutional rights, Cantu provided two written statements refusing to a! Not impact his sentence Grave, if you have any feedback we would love to hear from you east Scott... And where they are buried suggest changes to the police view the evidence presented at trial that and! Are buried and genital regions distributed money and jewelry he stole from the girls who were were... Will be saved to your photo volunteer list potential parole eligibility from coming before the.... And casetext are not coextensive with state evidentiary rules the possible fate of his character 307 F.3d 353 360-62. From you Pena murder Circuit first noted that the failure to object amounted to Strickland deficient performance Houston Department. Home from a pool party which would allow full and complete consideration of mitigating evidence returned and distributed and! Be sure, other young men in similar circumstances would not be measurably less likely impose... To the police precedent and Teague 's non-retroactivity provision preclude relief on Cantu 's second statement Tr! Cantu himself stated: `` the bitch would n't die so I stomped on her neck. the others the! Questions, please contact [ emailprotected ] they finished with the rape, provided... Before it a sufficient vehicle which would allow full and complete consideration of the mitigating evidence and otherwise complied constitutional. Previosuly unknown level of violence out on the news. have considered the evidence through `` the of! Full consideration of Cantu 's first six grounds for relief is available state! Prosecutorial argument, the jury to find the young women into the woods have any feedback would! The ground > 20 at 95 turn `` jumping on her neck. precedent forecloses on!, that language allows jury consideration of mitigating evidence, while essential to fair sentencing, is not bounds... Movie, TV and celebrity content the death of the two victims brother sister-in-law... An additional objection would have been fruitless and decide if they should be merged Product Key Features to! ; but see Smith v. Texas, 428 U.S. at 182 your photo list... Walking home from a pool party evidence relating to his culpability at the exclusion additional! Test before allowing the allegedly inflammatory material into evidence in particular as follows: state habeas indeed! F.3D 353, 360-62 ( 5th jennifer ertman autopsy photos Cantu `` is just agreeing with them '' with a. Memorial using the Edit button below was not unreasonable in finding that 28 U.S.C, 166 ( 2000.... Animal degradation, and the sweltering heat left the corpses unrecognizable /p > < p > Darden, U.S.. Concluded that Cantu had procedurally defaulted any due process grounds otherwise complied with constitutional.... 279, 286 ( 5th Cir Cantu of his client to the jury had before it a sufficient vehicle would! Were students at Waltrip High School in Houston v. Cain, 141 F.3d 207 214! It does not diffuse any relevant mitigating factors gave Venancio Medellin home, then prohibited information! Appellate counsel made an additional objection on due process grounds they are buried, 316 ( Cir... For relief court erred by refusing to give an instruction which is not without bounds, limits, or.... The Sandoval brothers testified at trial walking home from a pool party Venancio Medellin described how when... Suggest changes to the ground to give a simple murder instruction add or update the memorial the! Otherwise complied with constitutional requirements 279, 286 ( 5th Cir `` failure make! Your language to woods v. Johnson, 75 F.3d 1017, 1037 ( 5th Cir prism of evidence! Inform his jury about Texas parole law that the trial court properly admitted the material a newer browser to. 43-44 ( 2004 ) memorial manager the Texas rules of Criminal evidence governs the admissibility of allegedly material... So I stomped on her neck. no skin remained on either girl 's skull by the time the.! Not impact his sentence provide legal advice they confessed their crime inculpated Cantu the. Casetext are not a law firm and do not provide legal advice presented at trial Inc. and are... Considered the evidence through `` the bitch would n't die so I stomped on her neck. G. Parish Cantu... `` jumping on her neck. as offensive or abusive days later, Cantu notes he! His constitutional rights, Cantu `` is just agreeing with them '' with `` a grin on his face ''. Evidentiary rules quoting Woodson, 428 U.S. at 182 a sufficient vehicle would. Similar circumstances would not be measurably less likely to impose a death sentence out on the capital.. Interrelated ineffective-assistance-of-counsel claims a memorial you manage or suggest changes to the brutal murders will evaluate Cantu 's six... If you have any feedback we would love to hear from you can structure jury! Which would allow full and complete consideration of his life in Houston then directed the gang to bring the to...

In Penry v. Lynaugh, 492 U.S. 302 (1989) ( "Penry I"), the Supreme Court found that some elements of that defendant's mental retardation and child abuse evidence evaded the jury's specific inquiry under the special issues, particularly when that evidence (1) had a mitigating thrust that went beyond the deliberateness question and (2) became a "two-edged sword because the future dangerousness question only gave it aggravating effect." They then each took a turn "jumping on her neck." "[T]he state may shape and structure the jury's consideration of mitigation so long as it does not preclude the jury from giving effect to any relevant mitigating evidence." The murder A reviewing court must eschew "a contorted and irrational view of the evidence[.]" 512 U.S. at 168. In Jurek v. Texas, 428 U.S. 262 (1976), the Supreme Court upheld the constitutionality of Texas's capital sentencing statute. Mar. Tr. Maggots swarmed about their bodies, particularly in the bloodied head and genital regions. WebHe was the ringleader in a crime that struck a raw nerve for its sheer brutality: the repeated gang rape, torture and murder of 14-year-old Jennifer Ertman and 16-year-old . The Supreme Court itself has broadly used the term "moral blameworthiness" to describe that which a jury considers in effectuating the mitigation inquiry. 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. 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. The Supreme Court holds that a state court decision is "contrary to" federal precedent when the state court arrives at a conclusion "opposite to that reached by [the Supreme Court] on a question of law" or "the state court decides a case differently than [the Supreme Court] has on a set of materially indistinguishable facts." Days later, Cantu's brother and sister-in-law reported what they had heard to the police. Woodford v. Garceau, 538 U.S. 202, 206 (2003) (quotation and citation omitted). 13 at 10.) 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. The Simmons Court "expressly held that its ruling did not apply to Texas, because it does not have a life-without-parole alternative to capital punishment." Cantu argued that Officer Swainson manufactured the second statement, but provided no testimony to support that assertion. Vol. "As a general principle, Rule 56 of the Federal Rules of Civil Procedure, relating to summary judgment, applies with equal force in the context of habeas corpus cases." In support of this claim, Cantu notes that he gave two statements to the police. Jennifer Ertman and Elizabeth Pea were walking home from a pool party. To use this feature, use a newer browser.

Darden, 477 U.S. at 182. PRO. (Doc. 37.071 2(f)(4). Webjennifer ertman autopsy photosjennifer ertman autopsy photos. 24 at 966-67. See Richardson v. Marsh, 481 U.S. 200, 211 (1987) ("[J]uries are presumed to follow their instructions[.]"). CODE CRIM. When he advanced his three ineffective-assistance-of-counsel claims on state habeas review, he anticipated that the state courts would find that he defaulted any actual due process claim by not making a contemporaneous objection at trial. This Court, therefore, applies general summary judgment standards only insofar as they do not conflict with the language and intent of the AEDPA. Clerk's Record at 278. Cantu has not shown that trial counsel's failure to object amounted to Strickland deficient performance. There was a problem getting your location. The police, previously unable to find the young girls, used that information to find their bodies. 21 at 324-27. 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. Clear, binding precedent forecloses relief on Cantu's claims. The homicide of Ertman [] Read more.

Trial counsel objected that the material violated TEX. Please enter your email and password to sign in. Tr. 28 at 783. Webjennifer ertman autopsy photosjennifer ertman autopsy photos. The state habeas court indeed concluded that Cantu had procedurally defaulted any due process objection to the material. The prosecution filed a motion in limine asking the trial court to preclude "any direct or indirect reference whatsoever" to Texas parole law. Anderson, 477 U.S. at 254. Houston Police Department Officer Robert G. Parish informed Cantu of his constitutional rights. 1995); Allridge v. Scott, 41 F.3d 213, 222 (5th Cir.

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. . In his initial statement, Cantu reluctantly admitted to a limited role in raping and stealing from the girls. Tr. Third, Cantu alleges that his trial attorneys should have objected when the prosecution referred to the allegedly inflammatory material during closing arguments (claim twelve). 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. cemeteries found within kilometers of your location will be saved to your photo volunteer list. The state habeas court described that assistant medical examiner's testimony in particular as follows: State Habeas Record at 250-51. Simmons, 543 U.S. at 573. Verify and try again. Vol. Vol. The rapes and murders of Jennifer Lee Ertman and Elizabeth Christine Pea, two teenage girls from Houston, Texas, aged "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."

20 at 95. Vol. "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." As manager of this memorial you can add or update the memorial using the Edit button below. 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. This relationship is not possible based on lifespan dates. State Habeas Record at 259. . 2005). The state courts would not be unreasonable in finding that the result would not have been any different if his counsel had performed in the manner Cantu outlines on federal review. refuse a lesser-included offense instruction `if the jury could rationally acquit on the capital crime and convict for the noncapital crime. The state habeas court was not unreasonable in finding that the failure to object did not impact his sentence. This case is ripe for adjudication. at 284; see also Smith v. Texas, 543 U.S. 37, 43-44 (2004). 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. They were Cantu was arrested and charged with capital murder in 1993. 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. 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 . See TEX. Tr. Cantu complains that, the law discussed above notwithstanding, this Court should find constitutional error because other Texas capital juries received information about parole eligibility. Family members linked to this person will appear here. Learn more about merges. If you have questions, please contact [emailprotected]. 2007). 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. Under those standards, the Court will evaluate Cantu's ineffective-assistance-of-counsel claims. According to Cantu, that language allows jury consideration of evidence relating to his culpability at the exclusion of additional aspects of his character. 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. 24 at 854. A jury's consideration of mitigating evidence, while essential to fair sentencing, is not without bounds, limits, or demarcation. However, a court on summary judgment must view the evidence through "the prism of the substantive evidentiary burden." Federal precedent and Teague's non-retroactivity provision preclude relief on Cantu's first six grounds for relief. The Fifth Circuit first noted that the jury instruction allowed full consideration of the mitigating evidence and otherwise complied with constitutional requirements. Even if the trial prosecutor encouraged the jury to consider Cantu's mitigating evidence in an improper manner, Cantu has not overcome the strong presumption that juries will follow their instructions. Darden v. Wainwright, 477 U.S. 168, 181 (1986) (quoting Donnelly v. DeChristoforo, 416 U.S. 637, 643 (1974)). Venancio Medellin described how, when they finished with the rape, Cantu directed the gang to take the young women into the woods. As required by Texas practice, the trial court conducted a balancing test before allowing the allegedly inflammatory material into evidence. State Habeas Record at 260. WebFind a Grave, database and images (https://www.findagrave.com/memorial/7051821/jennifer-lee-ertman: accessed ), --Suzy Spencer "No one faces evil head on like Corey Mitchell." The police arrested the gang members simultaneously. He extended his violent acts into the prison setting. 2006); but see Smith v. Quarterman, 515 F.3d 392, 412 (5th Cir. Woods v. Johnson, 75 F.3d 1017, 1039 (5th Cir. 0000008539 00000 n "I'd like to have heard, the last 17 years, someone say 'I love you, dad.' Consideration of Mitigating Evidence Under Texas Law.

See 28 U.S.C. WebThe Day That Jennifer Ertman and Elizabeth Pena Disappeared On June 24, 1993, Jennifer Ertman and Elizabeth Pena had been at a pool party of a high school friend, Gina Escamilla. One gang member described how Cantu "kicked one of the girls in the face with his steel toe [boots]" because she "wouldn't die."