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Failure To Raise A Due Process Objection To Photographs, Cantu's first claim centers on his trial counsel's failure to raise a due process objection to the admissibility of victim and crime-scene photographs that depicted the gruesome results of Cantu's and his cohorts' conduct. M. Pena then testified as to her relationship with her daughter and her daughter's relationship with other members of the family. Gender: Male See Photos. The group then headed towards some nearby railroad tracks. , 45, was charged in the theft of more than $6,400 in sausage from the Kiolbassa Provision Company. Look at the evidence. He also parceled out the jewelry and money he took from the girls. 2052, 80 L.Ed.2d 674 (1984). 705 (1992). However, none of these cases stand for the proposition that this plea must be made by appellant or his counsel, personally. Also gone is natural gas pioneer George Mitchell, who passed . "I told him to stick it. Tex. "They become everybody's daughter," recalled Don Smyth, a retired Harris County assistant district attorney who had helped prosecute Cantu. 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. He was friendly and never met a stranger. Appellant's failure to request a special verdict form at trial bars him from now complaining on appeal under Almanza v. State, 686 S.W.2d 157 (Tex.Crim.App.1984), since no egregious harm to appellant has been shown. The records clearly show that such jury argument was not a summation of the evidence, a reasonable deduction from the evidence, an answer to opposing counsel's jury argument, nor a plea for law enforcement. Therefore, the question in the instant case is whether the evidence presented was admissible under our capital sentencing scheme. Situando a esta Appellant also gave two confessions. The subsequent boastful statements of the remaining gang members revealed that what then ensued was a brutal gang rape of both of the girls. See Peltier v. State, 626 S.W.2d 30 (Tex.Crim.App.1981); Ex parte Sewell, 742 S.W.2d 393 (Tex.Crim.App.1987); Essary v. State, 53 Tex.Crim. Appellant was tried under the 1992 version of Article 37.071.FN8 Since appellant has simply made a global argument as to all capital defendants since the 1970's, and has not shown us how his specific rights were violated by application of the statute, his contentions are without merit. In a thorough and well-reasoned memorandum and order, the district court denied habeas relief and, sua sponte, declined to issue a certificate of appealability on any of the issues raised by Cantu. Several witnesses testified appellant had a history of violent behavior and offenses. "Peter Cantu Executed: Ringleader of the Ertman and Pena Rape and Murder Killed," by Jason Volentine. Finally, Cantu contends that he received ineffective assistance because his trial counsel failed to object when the prosecution urged the jury to consider the graphic photographs in its sentencing-phase argument. 5. the defendant's age and personal circumstances at the time of the offense; By requiring the jury to at least consider a mitigating factor, the statute would survive constitutional scrutiny. See also Green, supra. The parents of Ertman and Pena, supported by other family members and friends, looked on as Cantu stared straight up toward the ceiling, taking one deep breath before he closed his eyes. Appellant contends the State opened the door to testimony about parole eligibility in its cross-examination of Prof. James Marquart of Sam Houston State University by mentioning various capital murder defendants who committed violent crimes while in prison as well as two who committed murders after their release from prison. With the final execution completed, Pena said the two murdered girls can finally have peace. 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). Johnson, supra, at 135. 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 individual breaking into the home punches the window, suffers a a vicious cut to the hand and runs off. 2934, 106 L.Ed.2d 256 (1989). Associated Addresses. 2113, 147 L.Ed.2d 125 (2000) (emphasis added). Cantu v. State, 939 S.W.2d 627 (Tex.Crim.App. In the instant case, it is evident the prosecutor did not inject any new facts into the proceeding, much less new facts that could be deemed prejudicial or harmful. Sheet Metal Worker. Appellant does not here argue that the extraneous offenses should not have been admitted. See Photos. 1337, 127 L.Ed.2d 685 (1994). He and other gang members also stood on the girls' necks to ensure they died. Specifically, he alleges that denying jurors the knowledge that appellant would have to serve at least 35 years in prison before becoming eligible for parole if sentenced to life in prison results in the arbitrary imposition of the death penalty in violation of the Eighth and Fourteenth Amendments to the United States Constitution and Article I, 10, 13, and 19 of the Texas Constitution. He was born on June 9, 1980, in Stephenville, Texas to Jesus Cantu, Jr. and Maria Acuna. Tuilaepa v. California, 512 U.S. 967, 979-80, 114 S.Ct. Evidence concerning her sexual assault, robbery and murder is admissible as same transaction contextual evidence. at 1096, clearly indicated that an indigent defendant does not have a constitutional right to receive funds to hire his own expert. The statements in question made in the presence of appellant were admissible as adopted admissions under Tex.R.Crim. 37.071. denied, 510 U.S. 919, 114 S.Ct. Pedro Cantu III, 30, had been driving a BMW near Jenny and Villa Drives around 10:30 a.m. when police attempted to pull him over, according to the Sheriffs Office. ), cert. Points of error eighteen and nineteen are overruled. The sixth was convicted as a juvenile and is serving a 40-year prison term. 1317, 131 L.Ed.2d 198 (1995). ), we noted that it has long been the law in Texas that evidence of a deceased's good and peaceful character is not admissible unless and until that character is placed in issue by the defendant. Section 2(f)(4) stated: Nowhere will you find the court instructing you that you have to find any evidence that you've heard in this case mitigating. Condolences for the family may be offered at www.holmgreenmortuaryinc.com and shared via Holmgreen Mortuary Facebook. The police traced the 9-1-1 call to Cantu's home. Media Advisory: Peter Cantu scheduled for execution. The charge given was as follows: The district court determined that this conclusion was not an unreasonable application of federal law. Cantu's family did not attend his killing. He told the call taker that the missing girls' bodies could be found near T.C. Point of error thirty-six is overruled. (1) determination that refusal to inform jury that, if petitioner received life sentence, he would not be eligible for parole for thirty-five years did not violate Due Process Clause was reasonable; In related point of error thirty-one, appellant avers that the trial court erred in denying his requested charge informing the jury that he would receive a life sentence should they fail to agree on the answer to any one of the punishment issues. Cantu showed little emotion at his conviction and death sentence and had no reaction when Randy Ertman, Jennifers father, was allowed to make a victim impact statement at the end of the trial. After the assault, the gang took the girls into the woods and strangled them. The murder of the two girls, both students at Waltrip High School, became one of the most notorious crimes in modern Houston history. Four of the other assailants that night were also convicted of capital murder and sentenced to death. Conversely, jury argument must be extreme or manifestly improper, or inject new and harmful facts into evidence to constitute reversible error. Id. denied, 492 U.S. 912, 109 S.Ct. We deny a COA on this issue. Proc. Points of error twenty-five through twenty-seven are overruled. However, evidence as to her good character, activities she enjoyed and the impact of her on her family is not relevant as appellant was not on trial for her murder and such evidence serves no purpose other than to inflame 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. The district court noted that the prosecution was seeking to counteract Cantu's mitigating evidence by bringing attention to the victims and comparing the legal process by which Cantu might receive a death penalty to the brutality of the murders committed by Cantu. PETE CANTU REAL ESTATE INC in San Antonio, TX | Company Info & Reviews Company Information Sponsored Links Company Contacts PETE CANTU Agent 2722 N Zarzamora St San Antonio, TX Reviews Write Review There are no reviews yet for this company. According to the police, after beating a woman and attempting to steal her car on the city's West Side on Feb. 18, 2015, three suspects could not figure out the vehicle's push-button ignition. Following this ritual, the boys drank beer, then they headed toward some nearby railroad tracks. All of his subsequent appeals in state and federal court were denied. In related point twenty-three, he further alleges that the trial court's charge on unadjudicated offenses requires reversal because there is no way for this Court to meaningfully review the sufficiency of the evidence. Now [defense counsel], I don't blame him. Questions Post Question There are no questions yet for this company. Is there a connection between what they try to give to you as mitigation, is there some connection between that and the crime itself, when you think of what you discovered to possibly be mitigating. The first of these two witnesses, Christina Cantu, testified about how the individuals appeared when they arrived at the house and she told the jury about behavior they engaged in while there. At one point, Cantu kicked Ms. Pena in the face with his steel-toed boot. Below, Cantu additionally argued that the prosecution's sentencing-phase argument improperly limited the jury's consideration of mitigating evidence; however, he has conceded that argument in his present petition and, so far as his mitigation argument is concerned, seeks a COA only on whether Texas's method of presenting mitigation evidence to the jury is unconstitutional. Antonio "Tony" Arizola Cantu 74, passed away on Sunday, June 13, 2021, in San Antonio. THE COURT: Overruled. Hell, no.". Danny Acosta, 30, faces a charge of aggravated robbery after he allegedly robbed a house last month. (Habeas). The trials of Efrain Perez, Raul Villarreal and Jose Medellin were held simultaneously, with common witnesses shuttling from one courtroom to the other. That October, Denson and another officer, Stephen Orlando, were tried on murder charges and an. She had been stabbed and slashed in the abdomen, throat and back and strangled. The law should be provided by the trial court in the jury charge, not by questioning the witnesses. Patricia's estranged husband suffered through a long period of being considered a suspect in his wife's murder. Pete will be remembered for his infectious laugh and loving personality. The off-duty deputy, who was charged with driving while intoxicated, had fallen asleep inside the Whataburger before he was found asleep again by a Universal City police officer this time behind the wheel of a running pickup with a cold, open tall boy.Read more: Police: Deputy arrested for DWI ordered burger, fell asleep. Eight minutes later, he was dead. Cantu next asserts that the method by which the Texas Code of Criminal Procedure presents the issue of mitigating evidence to a sentencing jury improperly prevents the consideration of constitutionally relevant evidence. As in guilt/innocence, the State is required to prove each element of the punishment issues beyond a reasonable doubt. 440, 256 S.W.2d 86, 88 (1953); Tutor v. State, 599 S.W.2d 818, 819 (Tex.Crim.App.1980). He let out a final breath at 6:17 p.m. and peacefully died. 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. Pursuant to the jury's answers to the special issues set forth in Texas Code of Criminal Procedure art. In point of error nine, appellant complains that the trial court committed reversible error in failing to grant a mistrial following improper argument by the State. Jose Medellin was executed in August 2008. [THE STATE:] And did they talk about having anal intercourse with the girls in front of [appellant]? 3230, 106 L.Ed.2d 578 (1989). 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. Pedro Cantu III, 30, had been driving a BMW near Jenny and Villa Drives around 10:30 a.m. when police attempted to pull him over, according to the Sheriff's Office. As a custom automotive shop we strive to serve our customers with the highest quality, most reliable builds in the industry. Cantu seeks a COA on five issues: (1) whether due process requires the state trial court to inform the jury that, if sentenced to life in prison instead of death, Cantu would be eligible for parole after thirty-five years; (2) whether the district court's determination not to instruct the jury on lesser-included offenses violated the Eighth Amendment; (3) whether the way Texas places mitigating evidence before the jury violates the Eighth Amendment; FN1 (4) whether Cantu was rendered ineffective assistance of counsel because his trial counsel did not object on due process grounds to the trial court's admitting photographs that depicted the victims' bodies and the crime scene; and (5) whether Cantu was rendered ineffective assistance because his trial counsel did not object to the prosecution's sentencing-phase argument urging the jury to consider those photographs. Archived from the original on June 2, 2022. Three dozen supporters cheered as the families emerged after the execution. Seven minutes later, O'Brien was dead. The families filed missing persons reports with the Houston Police Department and continued to look for the girls on their own. denied, 510 U.S. 997, 114 S.Ct. 927 (1908). To be accepted into the gang, Villareal had to fight the other gang members in turn until he passed out. Points of error thirty-seven and thirty-eight are overruled. at 2606-07. Some of the other boys, including Derrick O'Brien, Jose Medellin, and Venancio Medellin, also gave confessions. In hearing these comments, appellant consistently agree[d] with his cohorts' renditions of the evening's events. After considering the prosecution's argument in the context of the argument made by Cantu, the district court determined that the state court did not unreasonably apply federal law in denying this claim. This Court has held that, when challenging the constitutionality of a statute: Cantu contends that a rational jury could look only at his first written statement-in which he admitted to kidnapping, robbing, and sexually assaulting the girls but omitted any mention of killing them-and convict him of only the lesser-included crimes. The instant case is distinguishable from Payne, Ford and Smith as Pena was not the victim named in the indictment. He didn't go into details. At Cantu's trial, immediately before the sentence was pronounced, Judge Bill Harmon allowed Jennifer's father, Randy Ertman, to speak directly to Cantu. Furthermore, once the sentencer has found that the defendant is a member of the class made eligible for the death penalty, it may be given unbridled discretion in determining whether the death penalty should be imposed. TEXAS PIPELINER Welder (STC) . (10:41 PM CDT, August 17, 2010). United States v. Branch, 91 F.3d 699, 713 (5th Cir.1996) (in discussing the amount of evidence that is sufficient to require an instruction on self defense, the court considered Beck and other cases addressing lesser-included-offense instructions and stated that it is not enough that an item of evidence viewed alone and unweighed against all the evidence supports the instruction sought by the defendant). In related point of error twenty, appellant contends that the trial court erred in not allowing him to question venirepersons regarding the burden of proof on the mitigation issue. The death penalty in general is immoral, uncivilized, cruel, inhumane, barbaric, unjust and vengeful. [THE STATE:] So, at some point did they move on from talking about what they did to them sexually and tell you that they killed them? The second best result is Peter Cantu age 30s in San Antonio, TX in the Park Village neighborhood. Four days after the murders, Christina Cantu convinced her husband to call the police. His offenses escalated to car theft and an attempted stabbing. He did not look toward the witnesses and made no last statement. We have already addressed this issue and decided it adversely to appellant's position. Mr. Pedro Pete Cantu of Luckenbach, Texas passed away on Friday, January 31st, 2014 in the Hill Country Memorial Hospital in Fredericksburg, Texas at the age of 89 years. Here's a full rundown of the teams, drivers, and their cars. Point of error twenty-nine is overruled. For instance, a special instruction is not mandated under our law requiring a jury to affirmatively answer whether they believed witness A, but not witness B. The class is further limited in that the death penalty cannot be imposed on an individual convicted of capital murder unless the jury answers the special issues in the manner described in Article 37.071, Section 1, Code of Criminal Procedure. Pete Cantu, age 41, passed away on Tuesday, February 15, 2022, in Orange Grove, Texas. A memorial was erected to them at Waltrip High School, which they attended. For the following reasons, we decline to issue a COA on any of those issues. Regarding a sufficiency review of mitigating evidence, we declined in Colella v. State, 915 S.W.2d 834 (Tex.Crim.App.1995) to perform such a sufficiency review [b]ecause the weighing of mitigating evidence is a subjective determination undertaken by each individual juror. Colella, supra, , 915 S.W.2d at 845; Lawton, supra; Turro v. State, 867 S.W.2d 43, 47 (Tex.Crim.App.1993). 2950, 2956, 49 L.Ed.2d 929 (1976), and it has not been changed substantially since then. Both expressed regret for their role in the killings. 9/23/93 -- Cantu was indicted for capital murder by a Harris County grand jury. what is the fastest way to heal leaky gut, lajmet e fundit minut pas minute ne balkanweb,
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