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. Resides in Laredo, TX. [THE STATE:] And how did he agree with them? 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). Appellant's specific complaint seems to be racial discrimination based on the race of the victim in that he notes that appellant is Hispanic and the named victim was white. Even if one disregards the evidence of extraneous offenses, the evidence remaining was sufficient to support the jury's affirmative finding as to the future dangerousness special issue.FN11 Appellant's points of error twenty-one and twenty-three are overruled. Point of error twenty is overruled. ", Even now, both families say there is no closure. (3) determination that petitioner was not denied effective assistance of counsel was reasonable. A woman claims these photos were taken by the person who allegedly stole her purse, which had her smart phone inside. Proc. However, enough tissue did exist for the medical examiner to determine that the girls had died of a trauma to the neck which was consistent with strangulation. "Theres no way to ever get closure from this. For the reasons stated in my dissents in Rhoades v. State, 934 S.W.2d 113 (Tex.Cr.App.1996); Anderson v. State, 932 S.W.2d 502 (Tex.Cr.App.1996), and Morris v. State, 940 S.W.2d 610 (Tex.Cr.App.1996), I dissent to the majority's treatment and discussion of points one through four. By requiring the jury to at least consider a mitigating factor, the statute would survive constitutional scrutiny. 1676, 95 L.Ed.2d 127 (1987). He made off with two cases of Budweiser beer and about 140 DVDs before police caught up with him.Read more: Police: Man rammed car into Dollar General, stole Budweiser, , 37, of Universal City, was arrested outside a Whataburger on Pat Booker Road April 30, 2014. 1339, 113 L.Ed.2d 271 (1991). Tex.R.App.Proc. Because of repeated behavioral problems, Cantu had been in an alternative school since sixth grade. The second special issue submitted to the jury and of which appellant now complains reads in pertinent part as follows: [THE STATE:] They were all saying that? 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. at 826-28, 111 S.Ct. has been arrested for allegedly ramming his car into a Dollar General on the East Side, attempting to rob a nearby gas station and then returning to the Dollar General to rob the store a second time. Appellant further remarks that this Court has said that it can and should interpret the Texas Constitution in a more expansive manner than the federal constitution and cites us to several cases for this proposition. This Court has held that, when challenging the constitutionality of a statute: And 17 years later he died not soon enough. Point three claims reversible error in precluding him from presenting testimony about that parole eligibility requirement. 401 and therefore irrelevant in the context of the special issues under Art. In response to the study, a district court judge held that the statute unconstitutionally permitted the arbitrary and unguided imposition of the death penalty. in memory of Pete T. Cantu, please visit our floral store. The charge given was as follows: at 2608. Pete Cantu (1914 - 1980) - El Cerrito, California. Today you all came out on TV again and it said that their parents are trying to do everything they can to give you all the death penalty, even Yuni, but I don't think so because that's when we go out and take our asses on strike. Jail. 1997). Michael A. Cantu is the morning News Now reporter for KCBD NewsChannel 11. 1. 2. the calculated nature of the defendant's acts; Intoxication means disturbance of mental or physical capacity resulting from the introduction of any substance into the body. The person not sentenced to death, 14 at the time, got a 40-year sentence. 869, 71 L.Ed.2d 1 (1982) and Lockett v. Ohio, 438 U.S. 586, 98 S.Ct. See Seale v. State, 158 Tex.Crim. See Johnson v. Puckett, 930 F.2d 445, 448 (5th Cir.1991) (We have repeatedly held that a contention not raised by a habeas petitioner in the district court cannot be considered for the first time on appeal from that court's denial of habeas relief.). The Ertmans and Penas gathered friends and neighbors to help them pass out a huge stack of fliers with the girls' pictures all over the Houston area, even giving them to newspaper vendors on the roadside. 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. Cantu's final two arguments are both framed as claims of ineffective assistance of counsel. Raul was an acquaintance of Efrain and was not known to the other gang members. The group then headed towards some nearby railroad tracks. See Webb v. State, 760 S.W.2d 263, 268 (Tex.Crim.App.1988), cert. In point of error forty-three, appellant contends that the definition of mitigating evidence in Article 37.071 2(f)(4) makes the article facially unconstitutional because it limits the concept of mitigation to factors that render a capital defendant less morally blameworthy for the commission of the capital murder. McFarland v. State, 845 S.W.2d 824, 844 (Tex.Crim.App.1992), cert. FN2. 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. He. This is not to say, of course, that the indigent defendant has a constitutional right to choose a psychiatrist of his personal liking or to receive funds to hire his own. Post author: Post published: junho 10, 2022 Post category: comcast central division leadership Post comments: semi pro football tulsa semi pro football tulsa Proc. 84 Lumber. A State may legitimately conclude that evidence about the victim and about the impact of the murder on the victim's family is relevant to the jury's decision as to whether or not the death penalty should be imposed. Pursuant to Tex. For the following reasons, we decline to issue a COA on any of those issues. I'd do the same thing if I was in his position. Penry v. Lynaugh, 492 U.S. 302, 109 S.Ct. 1. the circumstances of the capital offense, including the defendant's state of mind and whether he was working alone or with other parties; 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. FN3. We hold that such evidence is irrelevant under Tex.R.Crim.Evid. (Direct Appeal) Dinkins v. State, 894 S.W.2d 330, 356 (Tex.Crim.App. 1871, 128 L.Ed.2d 491 (1994). The Funeral Masswill be celebrated at 1:00 PM at St. John of the Cross Catholic Church on that same date. See Lawton, supra. Tuilaepa v. California, 512 U.S. 967, 979-80, 114 S.Ct. denied, 516 U.S. 946, 116 S.Ct. Gender: Male The record reveals that M. Pena was one of over thirty witnesses who testified at punishment, and her testimony before the jury comprised less than twenty pages out of over 700 pages of testimony at punishment. 2934, 106 L.Ed.2d 256 (1989) does not require that, if a jury finds evidence to be both mitigating and aggravating, then it should give the evidence only its mitigating weight. County of Offense: Harris When confronted with the evidence, O'Brien admitted his involvement in Patricia's murder. In points of error one and two, appellant complains that the trial court erred in overruling his challenge to the Texas death penalty scheme. The court, the attorney representing the state, the defendant, or the defendant's counsel may not inform a juror or a prospective juror of the effect of a failure of a jury to agree on issues submitted under Subsection (c) or (e) of this article. After the belt broke, the killers used her own shoelaces to finish their job. Choose one of our three Metal Depot locations in Southeast Texas for all of . The boys then ran after the girls and grabbed them. The police were sent to the scene and searched the park without finding anything. Under Almanza v. State, 686 S.W.2d 157 (Tex.Crim.App.1984), the failure to object to an included charge waives all but egregious error. Yeah, yeah, I remember that. After ransacking the office, Alva noticed the camera and disconnected it, but did not remove the memory card. [THE STATE:] Who said we had to kill them? Visit Website. 1860, 100 L.Ed.2d 384 (1988), which is precisely the case appellant uses as his authority. Pete Cantu, age 41, passed away on Tuesday, February 15, 2022, in Orange Grove, Texas. In his sixth point of error, appellant contends that the trial court erred in admitting the hearsay statements of appellant's co-defendants who incriminated him. Meanwhile, Jennifer Ertman and sixteen-year-old Elizabeth Pena, who were visiting a girlfriend, decided to head home, taking a shortcut across the railroad tracks. 4/21/10 -- The 178th District Court set Cantus execution date for August 17, 2010. Jester Park, about two dozen people gathered around a pair of flower-covered memorial benches to remember the murdered teens. Perhaps 100 yards away, a handful of death penalty opponents spoke over a loudspeaker against Cantus execution and the states system of capital punishment, the most active in the nation. "I had no idea they would be coming to this." We would like to offer our sincere support to anyone coping with grief. He told the police that the girls' bodies could be found in T.C. When the police questioned 'Gonzalez', he said that he had made the original call at his 16 year-old wife's urging. 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. Webb, 760 S.W.2d at 268; Tucker, 771 S.W.2d at 530. 2597, 115 L.Ed.2d 720 (1991). Appellant's reliance on Justice Blackmun's dissenting opinion is misplaced. Spence v. State, 795 S.W.2d 743, 759 (Tex.Crim.App.1990), cert. Point of error twenty-nine is overruled. [THE STATE:] And what would he say about that? Appellant asked them if they wanted to get some, but Roman told him that he did not rape or kill girls. The district court determined that the state court's conclusion was not an unreasonable application of federal law. They pulled on the belt, one boy on each side, until the belt broke. On December 13, 2006, the Texas Court of Criminal Appeals likewise denied Cantu's state habeas application after it adopted the trial court's findings of fact and conclusions of law in an unpublished order. 2253(c), Cantu now seeks from this court a certificate of appealability. "Theres nothing he would have said to me that would have made any difference," said Pena, who was wearing a white T-shirt with a photo of the two girls printed on the front. Provide a detailed review of this contractor: ** residential re-roof- w/ no change to pitch/ removing existing shingles and replacing w/ same type/no other work being done/all work must comply w/irc & udc.-**ama, $26.50 paid to City of San Antonio, Texas, Re-roof permit no change in pitch deck or tile roof to comply w/udc and irc codes, City of San Antonio, TX Licensed Contractors. Tony was preceded in death by his parents, his wife Janie P. Cantu, brother Octavanio Cantu, sister Senaida Peralta and granddaughter Raquel Villa. In light of the record as a whole, the error in precluding the jury from being informed about the parole ineligibility provision was no doubt harmless. Prior to the trial's opening statements, appellant objected that any testimony regarding the kidnapping, robbery, sexual assault, or murder of Pena constituted evidence of extraneous offenses. 463rd murderer executed in Texas since 1976. 3230, 106 L.Ed.2d 578 (1989); San Miguel v. State, 864 S.W.2d 493, 495-96 (Tex.Crim.App.1993), cert. FN3. The murders also forced Houston city officials to treat gangs as a serious crime problem, when they had previously denied that there was a gang problem in the city. Hence, the Supreme Court removed the Eighth Amendment bar to evidence about the victim and evidence about the impact of the murder on the victim's family created by Booth v. Maryland, 482 U.S. 496, 107 S.Ct. 2950, 49 L.Ed.2d 929 (1976), except to incorporate the dictates of Penry v. Lynaugh, 492 U.S. 302, 109 S.Ct. FN5. He was born on June 9, 1980, in Stephenville, Texas to Jesus Cantu, Jr. and Maria Acuna. Twelve of the fastest street racing teams in America are taking to a secret road in Wyoming to compete for $300,000 and a chance to call themselves the fastest in America. 2934, 106 L.Ed.2d 256 (1989); Johnson v. Texas, 509 U.S. 350, 113 S.Ct. 3230, 106 L.Ed.2d 578 (1989). When they tested evidence, O'Brien's fingerprints were matched to some found on a beer can under Patricia's body at the murder scene. In Ford v. State, 919 S.W.2d 107 (Tex.Crim.App.1996), we held that certain victim impact evidence was arguably relevant to the defendant's moral culpability contained within the third special issue that the jury was required to answer: Whether, taking into consideration all of the evidence, including the circumstances of the offense, the defendant's character and background, and the personal moral culpability of the defendant, there is a sufficient mitigating circumstance or circumstances to warrant that sentence of life imprisonment rather than a death sentence be imposed. The state trial court denied such relief on June 7, 2006, after it adopted the prosecution's proposed findings of fact and conclusions of law. , 30, a security guard, was charged with burglary of a business he was hired to protect. Think about the ordeal of those two young girls right here. Cantu additionally argued to the district court that he was entitled to a lesser-included instruction on simple murder; however, he does not argue that he is entitled to such an instruction in his petition for COA. 52(a); Janecka v. State, 823 S.W.2d 232, 243-244 (Tex.Crim.App.1990). The Antiterrorism and Effective Death Penalty Act (AEDPA) requires a petitioner to obtain a COA in order to appeal the district court's denial of his habeas petition. 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.. Appellant objected to the attack over Counsel's shoulder, which objection the trial court sustained. 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. How they were mutilated, brutalized for perhaps as much as an hour. Appellant alleges that the improper inclusion of the instruction rose to constitutional dimension because it informed the jury to consider evidence of intoxication in mitigation of the crime only if that evidence showed that the intoxication was so extreme as to cause appellant to be temporarily insane. Extraneous victim impact evidence, if anything, is more prejudicial than the non-extraneous victim impact evidence found by this Court to be inadmissible in Smith, supra. See Sonnier, supra. She was born February 8, 1918 to Dallas and Daisy Johnson. Viva Cristo Rey! Summary of incident: Convicted in the abductions and murders of Jennifer Ertman, 14, and Elizabeth Pena, 16, in Houston. See, Broxton v. State, 909 S.W.2d 912, 923 n. 3 (Tex.Cr.App.1995) (Overstreet, J., dissenting). He was charged with unlawfully carrying a weapon. Any facial unconstitutionality inhering in Article 37.071 2(b)(2) did not affect appellant. A jury found Peter Cantu guilty of capital murder in February 1994 and sentenced him to death. Shoelaces were used to strangle Pena. 3368, 73 L.Ed.2d 1140 (1982). Martinez was appellant's second witness at the punishment phase of trial. Thus, we do not consider the argument on appeal. Both Tison and Enmund were concerned with the implementation of the death penalty on defendants who were not proven to have an intent to kill. See Penry v. Johnson, 532 U.S. 782, 803, 121 S.Ct. Medellin said that they "had fun" and that their activities would be seen on the TV news. They were forced to perform oral sex. I also dissent to the discussion of points one through four involving not allowing the jury to be informed that if sentenced to life appellant was statutorily mandatorily required to serve 35 years in prison before becoming eligible for parole. See also, Lackey v. State, 819 S.W.2d 111 (Tex.Crim.App.1989) (not error to fail to instruct jury to consider specifically appellant's age as a mitigating factor because the jury's answer as to special issue two (future dangerousness) would reflect their consideration of all the mitigating evidence); Jackson v. State, 822 S.W.2d 18 (Tex.Crim.App.1990). Tuesday he paid for it with his life. Sheet Metal Worker. ", Pena, his wife Melissa at his side, said it did not matter to him that Cantu offered no words of contrition, or any words at all. The district court, as did the state court, placed Cantu's first statement into the context of all the record evidence and determined that a rational jury would not have concluded that Cantu was guilty only of the lesser-included offenses. In points of error twenty-one and twenty-two, appellant challenges the sufficiency of the evidence to support the jury's answers to the issues on future dangerousness and mitigation. [DEFENSE:] Excuse me, [prosecutor's name omitted]. Re-roof permit no change in pitch deck or tile roof to comply w/udc and irc codes. shall consider mitigating evidence to be evidence that a juror might regard as reducing the defendant's moral blameworthiness. 270, 277 (5th Cir.2007); Jackson v. Dretke, 181 Fed.Appx. See 466 U.S. 668, 687, 104 S.Ct. To violate due process, an evidentiary ruling must result in a denial of fundamental fairness, and improperly admitting evidence will only justify habeas relief if the admission was a crucial, highly significant factor in the defendant's conviction. Neal v. Cain, 141 F.3d 207, 214 (5th Cir.1998).FN3. Ekstensive Metal Fabrication's 2016 Ford F-150 wasn't hammered "sold!" at Mecum Auctions' Houston event. 84 Lumber Store Manager Pete Cantu in Lubbock, Texas, was awarded Manager of the Year at a ceremony Friday March 10, 2017. See Photos. Do you think that if Mr. Ertman or Mr. Pena or Mrs. Ertman or Mrs. Pena had come on up on the scene and said to Peter and his gang don't kill that child, don't kill that child, would he have listened? Nelson, supra, at 498. 2458, 104 L.Ed.2d 1013 (1989); Harris v. State, 827 S.W.2d 949, 962 (Tex.Crim.App. denied, 516 U.S. 1021, 116 S.Ct. Profile. denied, 510 U.S. 997, 114 S.Ct. Specifically, Cantu challenges the trial court's preventing him from informing the jury that, based on Texas law at the time, he would be eligible for parole in thirty-five years were he sentenced to life in prison as opposed to death. The danger of unfair prejudice to a defendant inherent in the introduction of victim impact evidence with respect to a victim not named in the indictment on which he is being tried is unacceptably high. Research has proven that the death penalty (fighting violence with violence) fails to prevent, deter or reduce vio Peter Cantu is not an animal. 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. Loved ones left to cherish his memories are his daughter, Victoria Munguia; mother, Maria Olga Acuna; father, Jesus (Avela) Cantu, Jr. both of Orange Grove, Texas; siblings, Miguel Cantu (Richard Stanley) of San Antonio, Texas, Lisa (Ricardo) Lopez Jr., of San Antonio, Texas, Richard Acuna, Sara Acuna, and Stacey Acuna all of Orange Grove, Texas; step brothers and sister, Freddy Sanchez, Adam Sanchez, Daniel Sanchez, and Miguela Sanchez; grandmother, Margarita Acuna; and numerous nephews and nieces. Texas Department of Criminal Justice - Executed Offenders (Cantu), Cantu, Peter Anthony Counsel for Defendant D&W Painting, Inc. Richard H. Grafton T. Mark Rogstad Paul Byron Starr WRIGHT & GREENHILL, P.C. One of the boys boasted of having 'virgin blood' on him. Santikos v. State, 836 S.W.2d 631, 633 (Tex.Crim.App. Cantu v. Quarterman, 341 Fed.Appx. He was born on June 9, 1980, in Stephenville, Texas to Jesus Cantu, Jr. and Maria Acuna. ), cert. at 2609. 2253(c)(2). First, he asserts that he received ineffective assistance because his trial counsel failed to object on due process grounds-though counsel did object on evidentiary grounds-to the court's admitting photographs of the victims' bodies and of the crime scene as found by the investigators. Appellant asserts in points twelve and thirteen that the Texas death penalty has been arbitrarily imposed and is unconstitutional because of the different capital sentencing schemes that have been in effect since the early 1970's. Tuilaepa v. California, 512 U.S. 967, 114 S.Ct. Find Pete Cantu's phone number, address, and email on Spokeo, the leading people search directory for contact information and public records. 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. "I told him to stick it. However, as they passed Joe Medellin, he grabbed Elizabeth and dragged her down a hill as she screamed for help. denied, 513 U.S. 1157, 115 S.Ct. 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.
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