denied, 513 U.S. 1157, 115 S.Ct. The special pleas, if any, shall be read by the defendant's counsel, and if the plea of not guilty is also relied upon, it shall also be stated. ", The case horrified Houston. * that appellant stole a bicycle from an eight-year-old and then turned it in for a reward;
In that case, a 27-year-old woman was found at a Houston park with her throat cut. They had spent the evening drinking beer and then "jumping in" Raul. Building Materials. The law should be provided by the trial court in the jury charge, not by questioning the witnesses. Pursuant to the jury's answers to the special issues set forth in Texas Code of Criminal Procedure art. KELLER, J., concurs in the result on point of error eight and joins in the remainder of the opinion. "I told him to stick it. Under AEDPA, habeas relief is unavailable on any claim adjudicated on the merits in state court unless the state court's adjudication (1) resulted in a decision that was contrary to, or involved an unreasonable application of, clearly established Federal law, as determined by the Supreme Court of the United States, or (2) resulted in a decision that was based on an unreasonable determination of the facts in light of the evidence presented in the State court proceeding. 28 U.S.C. (806) 763-8400. To begin, we note that the only evidence that appellant specifically complains about on appeal is the testimony of Pena's mother at the punishment phase of trial. He is preceded in death by his brothers, Alcardo Cantu, Jesus Cantu III; maternal grandfather, Juan Santos Acuna, and paternal grandparents, Jesus Cantu Sr. and Olivia Cantu. Media Advisory: Peter Cantu scheduled for execution. 8/11/09 -- The federal appeals court affirmed the denial of certificate of appealability. As we do not find the prosecutor's argument to be manifestly prejudicial or improper, we need not address appellant's contention that the nexus requirement is no longer valid given the enactment of Article 37.071, Section 2(e). H-07-CV-3016, 2009 WL 275172 (S.D.Tex. 17 Episodes 2019. To be accepted into the gang, Villareal had to fight the other gang members in turn until he passed out.
The gang continued drinking and 'shooting the breeze' for some time and then decided to leave. You are instructed that, in considering the mitigating factors in answering the special issues, you are to consider the Defendant's youth as a mitigating factor.. 680 following. [F]irst, the lesser included offense must be included within the proof necessary to establish the offense charged, and, second, some evidence must exist in the record that would permit a jury rationally to find that if the defendant is guilty, he is guilty only of the lesser offense. Section 2(e) was added to address Penry v. Lynaugh, 492 U.S. 302, 109 S.Ct. Because of repeated behavioral problems, Cantu had been in an alternative school since sixth grade. Accordingly, appellant waived any error by his failure to object to the procedure used by the trial court in its entering of his plea before the jury. In fact, while Rousseau actually addressed the pre-1991 version of the statute, we noted that the Interpretive Commentary to the revised 1991 statute, under which appellant was tried in the instant case, stated that the revisions foreclosed the potential for a challenge to the statute based upon Mills v. Maryland, 486 U.S. 367, 108 S.Ct. All data is collected from public records.
See Photos. Cantu, the first of five to be tried, convicted and condemned, will be the last to be executed. 3. the forethought and deliberateness exhibited by the crime's execution;
Upon the completion of this reading, the trial court stated, To which indictment, ladies and gentlemen, the defendant has entered a plea of not guilty. Appellant's contention on appeal is that either he or his attorney should have actually voiced this plea to the jury. After unsuccessfully appealing his conviction in state court and failing to obtain state post-conviction relief, Cantu filed a petition for habeas corpus in the United Stated District Court for the Southern District of Texas. FN11. Her body, nude from the waist down, was found by police on January 4, 1993 with her blood-soaked clothing strewn about her. Appellant's objections were overruled and the evidence was admitted. Date of Offense: 06/24/93
He specifically states that the Texas death penalty is unconstitutional under the Eighth Amendment, the Equal Protection Clause of the Fourteenth Amendment, and Article 1, Section 13 of the Texas Constitution. All Death, Burial, Cemetery & Obituaries results for Pedro Cant Guzmn Meanwhile, fourteen-year-old Jennifer Ertman and sixteen-year-old Elizabeth Pena were visiting a girlfriend. At the guilt/innocence phase of the instant case, the jury was specifically charged that they could not find appellant guilty of capital murder unless he intentionally murdered the victim or intentionally assisted in the commission of the murder and the aggravating offense. He had problems, he was sick, he is sick. 586, 130 L.Ed.2d 500 (1994).
WebPete Cantu was born on April 9, 1914. In reviewing the prosecution's argument, [t]he relevant question is whether the prosecutors' comments so infected the trial with unfairness as to make the resulting conviction a denial of due process. Id. 2556, 135 L.Ed.2d 1074 (1996). . The initiation involved fighting each member of the gang for a five to ten minute period. 2052. The death penalty in general is immoral, uncivilized, cruel, inhumane, barbaric, unjust and vengeful. Thus, if in your judgment, a mitigating circumstance independently calls for a life sentence even though it also tends to support a yes answer to a Special Issue, you must not answer the Special Issue yes, but rather you should answer it no.
[THE STATE:] During this time when they're saying what they did to the girl, what's [appellant] doing or saying? Roland Gonzales is suspected of stealing more than $100 worth of steak from H-E-B. If you decide that an aspect of the Defendant's character and record or circumstances of the crime is a mitigating circumstance, you must not give it aggravating effect. See Tucker v. State, 771 S.W.2d 523, 535 n. 5 (Tex.Crim.App.1988), cert. That's what they're doing; they're arguing nothing. denied, 495 U.S. 940, 110 S.Ct.
Each of these requested charges should have been submitted to the jury to correct the otherwise unconstitutional nature of the issue on mitigation as discussed in Point of Error Fourteen. During its jury argument at punishment, the State did not even mention her testimony, much less emphasize it. After entering through a window on the fourth floor, two intruders were seen on surveillance video swiping an oversized ceremonial gavel from a judge's bench and later donning sombreros found in a Bar Association storage closet. 1987 Peter "Pete" Cantu 1988 Jay Smith 1989 Don Valdez 1990 Butch Vickers & David Uribe 1991 Hector Sandoval 1992 Refugio "Cuco" Escobedo 1993 George Wright This guy is more than just a car's outer appearance. 55 (5th Cir. Evidence of extraneous offenses admitted included that Cantu stole a bicycle from an eight-year-old and then turned it in for a reward; that Cantu threatened a woman and broke a window in her home; that Cantu attacked a sixth-grade teacher; that Cantu threatened another students father, saying that he wanted to kill him; that Cantu created problems at school by fighting and cursing; that Cantu threatened to kill an officer of the law; and that Cantu made threats at a hospital and in jail. At bottom, Cantu urges this court to extend the holding in Simmons v. South Carolina, 512 U.S. 154, 114 S.Ct. Such victim impact statements, as they are called, are now commonplace. All cuzz them fine ass girls you all wanted to fuck. Cantu allegedly bragged to friends and family about being the ringleader of the incident, and he paid for it with his life. PEDRO CANTU OBITUARY Pedro "Pete" Cantu Jr. passed away at 7:00 AM Tuesday, March 19, 2019 at Our Lady of the Lake Regional Medical Center in Baton Rouge at the age of 63 surrounded by his. A capital sentencer need not be instructed how to weigh any particular mitigating fact in the capital sentencing decision. You are further instructed that if there is any testimony before you in this case regarding the defendant's having committed offenses other than the offense alleged against him in the indictment, you cannot consider said testimony for any purpose unless you find and believe beyond a reasonable doubt that the defendant committed such other offenses, if any were committed, and even then you may only consider the same in determining the answers to the special issues. Looking at the evidence in the light most favorable to the jury's verdict, the record reveals the following facts: Appellant was the self-appointed leader of a gang called the Black and Whites in Houston. Look up Pete Cantu's phone number, home address, email address, and other personal information. Does she have blond hair?!!?" The jury's finding of guilt satisfied Tison and Enmund. All Rights Reserved. He was on probation for assault in connection with an incident at the Astrodome parking lot in which he threatened another youth with a knife. The prosecutor then asked Martinez if she had written the above cited letter to Perez, to which question she replied that she had. Ertman rejected an invitation from Cantu's lawyer to come to his office and read a letter of apology from Cantu. 6. whether the defendant was acting under duress or the domination of another at the time of the offense;
Id. Race: White
Points one and two claim constitutional error in the trial court denying his requested punishment jury charge instruction informing the jury that pursuant to Article 42.18, 8(b)(2), V.A.C.C.P., a prisoner serving a life sentence for capital murder is not parole eligible until the actual calendar time served, without consideration of good conduct time, equals 35 calendar years. 7. psychiatric evidence; and
* that appellant made threats at a hospital and in jail.
1337, 127 L.Ed.2d 685 (1994). The instant case is distinguishable from Payne, Ford and Smith as Pena was not the victim named in the indictment. Medellin said that they "had fun" and that their activities would be seen on the TV news. Jenny was strangled with the belt of Sean O'Brien, with two murderers pulling, one on each side, until the belt broke. Retrieved June 3, 2022. We decline to do so. To meet the second required showing, Cantu must demonstrate that there is a reasonable probability that, but for counsel's unprofessional errors, the result of the proceeding would have been different, id. Anderson v. State, 932 S.W.2d 502, 509 (Tex.Crim.App.1996). Garcia v. State, 887 S.W.2d 846, 859 (Tex.Crim.App.1994), cert. If enough of any type of evidence exists in the record so that any rational trier of fact could have believed an issue to be true, then we need not know what a specific trier of fact believed. However, because his last objection was specifically to hearsay, we will address the point on this ground. They said they would buy her some gas and get her on the road again if she did. 313, 126 L.Ed.2d 260 (1993); Green v. State, 912 S.W.2d 189, 193-94 (Tex.Crim.App.1995) cert. . In point three, appellant avers that the trial court erred in prohibiting him from introducing testimony that he would have to serve 35 calendar years before becoming parole eligible if sentenced to life imprisonment. Barnes v. State, 876 S.W.2d 316, 329 (Tex.Crim.App. He didn't go into details. 2937, 124 L.Ed.2d 686 (1993); Gaddis v. State, 753 S.W.2d 396 (Tex.Crim.App.1988).
See Photos. We further held in Rey v. State, 897 S.W.2d 333, 337 (Tex.Crim.App.1995), that Ake applies to non-psychiatric experts like pathologists. denied, 512 U.S. 1246, 114 S.Ct. Does it rise to that level? * * *
The price of the Beefy Crunch Burrito had gone up from 99 cents to $1.49 and. (Direct Appeal). Booty Patrol' truck spotted in South Texas, San Antonio woman shows strength of single moms on 'Naked and Afraid', Kyle to open first Costco Wholesale this March, Former Boerne quarterback allegedly gave plays to other XFL teams, A one-of-a-kind Hill Country rooftop bar will be a cowboy's dream, WATCH: Drunk driver attempts to flee crash that killed a Texas cop, Massive alligator shocks South Texas locals in Atascosa County.
385, 133 L.Ed.2d 307 (1995); Broxton v. State, 909 S.W.2d 912 (Tex.Crim.App.1995); Sonnier v. State, 913 S.W.2d 511 (Tex.Crim.App.1995). 2954, 57 L.Ed.2d 973 (1978).
Don't kill that child. In response to the study, a district court judge held that the statute unconstitutionally permitted the arbitrary and unguided imposition of the death penalty. He raped Jennifer and was later sentenced to 40 years for aggravated sexual assault, which was the maximum sentence for a juvenile. Point of error five is overruled. ), cert. The jury is not required to specifically identify what evidence it specifically uses to find that a fact is true beyond a reasonable doubt, and extraneous offenses should not be an exception to this. Appellant asserts in his thirtieth point of error that the 12-10 rule of Article 37.071 2(d)(2) and 2(f)(2) violates the Eighth Amendment to the United States Constitution. Antonio "Tony" Arizola Cantu 74, passed away on Sunday, June 13, 2021, in San Antonio. Appellant's argument centers around the concept that aggravating circumstances must be adequately defined for the jury. Point three claims reversible error in precluding him from presenting testimony about that parole eligibility requirement. Cantu walked in as the rest were recounting their exploits to his older brother and sister-in-law, Joe and Christina Cantu, in graphic detail. Id. (Page 2) See Free v. Peters, 806 F.Supp. [THE STATE:] Who said we had to kill them? At this point, the Sandoval brothers decided that it was time to leave. It affected more than just Melissa and me and Randy and Sandy.". In August 2008, Ertman again climbed the steps to the red-bricked Huntsville Unit prison. A Harris County jury sentenced Cantu to death for the June 1993 kidnapping, rape, robbery and murder of 14-year-old Jennifer Ertman. After unsuccessfully appealing his conviction . Therefore, if you find, or have a reasonable doubt thereof, that the defendant at the time of the commission of the offense for which he is on trial, was laboring under mental or physical incapacity caused by voluntary intoxication, then you may take such condition into consideration in mitigation of the penalty attached to the offense for which the defendant is being tried.