jennifer ertman autopsy photos

at 369. In ordinary civil cases, a district court considering a motion for summary judgment must construe disputed facts in a light most favorable to the nonmoving party. 24 at 863-66, 917-18. All photos uploaded successfully, click on the Done button to see the photos in the gallery. Trial comments about parole law, however, were vague. See TEX. 2 at 30), he did not make those arguments before the jury. East v. Scott, 55 F.3d 996, 1005 (5th Cir. Tex. at 272. Against this backdrop, Cantu accuses Texas of perpetuating Penry error after the legislative renovation in 1991. Clerk's Record at 268-69. In his first statement, Cantu admitted to a limited role in kidnapping, raping, and robbing the two girls. 23 at 698-99. After a separate punishment hearing, the jury answered Texas' special issue questions in a manner requiring the imposition of a death sentence. Tr. Webjennifer ertman autopsy photos. Tr. Fellow gang member Roman Sandoval described how the gang members encountered the two girls and dragged them off to be raped. Even if the jury somehow believed only the story from his first statement, Cantu's second statement was not the only evidence showing that he participated in the murders. FED. "It is not enough that the jury may disbelieve crucial evidence pertaining to the greater offense. DOJ tentatively settles over Texas church shooting for $144M. Photographs "must have some probative value [which is not] substantially outweighed by its inflammatory nature." "[T]he images of decomposition and maggot infestation were clearly intended only to arouse, and undoubtedly did arouse, such anger and disgust in the jurors that they were unlikely to acquit Cantu under any circumstances, even if they believed him to be, or had a doubt whether he might be, guilty of some offense other than capital murder." Insect activity, animal degradation, and the sweltering heat left the corpses unrecognizable. He is not an eighteen year old child that didn't know what he was doing." Boyde v. California, 494 U.S. 370, 380 (1990); see also Waddington v. Sarausad, ___ U.S. ___, ___ S. Ct. ___, 2009 WL 129033, at *8 (Jan. 21, 2009) (reaffirming the Boyde standard and noting the "especially heavy burden on a defendant who . 24 at 966-67. See Harris v. Johnson, 81 F.3d 535, 539 (5th Cir. 2007). Sadly, they never made it. TEX. Entry No. If you notice a problem with the translation, please send a message to [emailprotected] and include a link to the page and details about the problem. 12 Autopsy Photos Malcolm X autopsy 16 Autopsy Photos Ted Bundy autopsy photo 0 Autopsy Photos John Dillinger autopsy photo 0 Autopsy Photos Jesse James autopsy photo (#2) 0 Autopsy Photos Jesse James autopsy photo (#1) 7 Autopsy Photos David Koresh State Habeas Record at 261. During the guilt/innocence phase of trial, the prosecution called police officers and crime scene investigators to describe the scene, the recovery of evidence, and the condition of the bodies when discovered. Web490K views 2 years ago. Add to your scrapbook. Webjennifer ertman autopsy photoswatkins memorial football tickets. He was silent about their deaths. In 1994, a jury convicted Cantu for the capital murder of Jennifer Ertman. Tr. The rapes and murders of Jennifer Lee Ertman and Elizabeth Christine Pea, two teenage girls from Houston, Texas, aged 28 at 758, 760. 37.071(e)(2)(b). Tr. After several gang members fought Villareal, the group started drinking. Vol. Given that suggestion, Cantu claims that Beck entitled the jury to consider his conviction for crimes less serious than capital murder. 2000). 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." 37.071(e)(2)(b) (Vernon 2002). "[I]n order to meet the requirement of the Eighth and Fourteenth Amendments, a capital-sentencing system must allow the sentencing authority to consider mitigating circumstances." WebLike most plants, it does best in moist but well-drained soil. Given the exhaustive prior summaries of the crime the Court will recite only briefly the factual narrative. "[T]he idea of `invited response' is used not to excuse improper comments, but to determine their effect on the trial as a whole." The prosecution also used the allegedly inflammatory evidence to support testimony from: (1) two dentists who identified the victims from dental records and (2) a Harris County Assistant Medical Examiner who performed the autopsy. The Beck Court held that a State cannot "impose a blanket ban on lesser-included-offense instructions in capital cases. Strickland only commands relief when an inmate shows a reasonable probability of a different result. 37.071 2(e)(1); Clerk's Record at 289. Publisher. For memorials with more than one photo, additional photos will appear here or on the photos tab. Webjennifer ertman autopsy photosjennifer ertman autopsy photos. Jeffrey Dahmers Refrigerator Of Horrors 21 at 320-21, Vol. Five members of the Black and White gang Cantu, Jose Medellin, Derrick Sean O'Brien, Efrian Perez, and Raul Villareal received death sentences for their role in the rape and murder of fourteen-year-old Jennifer Ertman and sixteen-year-old Elizabeth Pena. Without the prosecutorial argument, the jury would not be measurably less likely to impose a death sentence. due process plainly requires that [the defendant] be allowed to bring [parole ineligibility] to the jury's attention by way of argument by defense counsel or an instruction from the court." The Fifth Circuit has held that the use of the term "moral blameworthiness" does not prevent the jury from considering mitigating circumstances because "[v]irtually any mitigating evidence is capable of being viewed as having some bearing on the defendant's `moral culpability'" apart from the concerns identified in the other special issues. Because the Fifth Circuit, however, has avoided ruling on this argument, see Foster v. Dretke, 2006 WL 616980 (5th Cir. Cantu has not shown that the trial court erred by refusing to instruct his jury on the operation of Texas parole law. 28 at 698-99. The Court must decide whether, by statute or in practice, Texas prevented Cantu's jury from giving effect to his mitigating evidence. See id. To add a flower, click the Leave a Flower button. See more ideas about elizabeth pea, jennifer, true PRO. Make sure that the file is a photo. Failed to report flower. Cantu read the statement and, in the presence of two other police officers, signed it. Tr. WebThe prosecution introduced into evidence dental x-rays (SX 112, 146) and autopsy photos of the two victims to support the dental and medical examiners' testimony proving that Cantu claims that the prosecution limited the jury's consideration of that evidence in much the same way as the Fifth Circuit's now-discredited constitutional relevancy test. Texas, Houston Division. However, Cantu objects that the instruction unnecessarily confined the jury's review to "evidence that a juror might regard as reducing the defendant's moral blameworthiness." (Doc. 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. Even without the photographs, trial testimony painted a vivid image of Cantu's brutality in killing the girls. 28 at 666-67, 673, 770, 793. 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. . Try again later. H-02-1975 (S.D. Vol. 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. . The most difficult episode of Clueston. There is 1 volunteer for this cemetery. Vol. Cantu has not shown that trial counsel's failure to object amounted to Strickland deficient performance. Weve updated the security on the site. Tr. Use Next and Previous buttons to navigate, or jump to a slide with the slide dots. Cantu's attorneys adduced testimony that supported the first two propositions. She had even shot final photos of Travis in the shower after a final seduction and before viciously slashing him to death! Tr. cemeteries found within miles of your location will be saved to your photo volunteer list. Cantu himself escorted Ms. Ertman into the woods. Cantu acknowledges that Texas juries now explicitly take into account "the circumstances of the offense, the defendant's character and background, and the personal moral culpability of the defendant." 2005); O'Brien v. Dretke, 4:02-CV-1865 (S.D. Tex. Borjan v. State, 787 S.W.2d 53, 55 (Tex.Crim.App. Astros won't play as scheduled on Thursday. 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. (Doc. Id. ISBN-10. Id. The Court of Criminal Appeals rejected Cantu's arguments both on direct appeal and on habeas review. Buchanan v. Angelone, 522 U.S. 269, 276 (1998); see also Franklin, 487 U.S. at 179. Nothing in the trial testimony seriously questioned the integrity of Cantu's statements, particularly his second one in which he provided a full account of his actions. Vol. 22 at 569-72. Vol. One of Cantu's trial attorneys provided an affidavit in state court stating that his failure to raise a due process objection at trial and on appeal was "simply an oversight[.]" 1996). 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." Oops, some error occurred while uploading your photo(s). In 2005, Texas revised its capital sentencing statute. Many of Cantu's criminal actions were attributable to his youth, which "result[ed] in impetuous and ill-considered actions and decisions." While the jury may have been able to infer that Cantu could not have been paroled before the end of that period, Texas law hindered him from fully explaining parole ineligibility to the jury. The issue is not whether a juror, through rejecting some evidence or considering the factual scenario in a particular manner, conceivably could return a verdict for a lesser crime. 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. Vol. After unsuccessfully exhausting his state court remedies, Cantu has filed a federal habeas corpus petition raising twelve grounds for relief. (Doc. . Supreme Court case law does not suggest that Texas' current vehicle for the consideration of mitigating evidence is impermissibly narrow. Vol. 2001); Miller v. Johnson, 200 F.3d 274, 290-91 (5th Cir. 21 at 120. Tr. In the wake of Tennard, the Supreme Court and Fifth Circuit have found error in most pre-1989 cases, with limited exceptions. Gathers, 490 U.S. at 818. The murder Vol. Officer Swainson again informed Cantu of his rights. 28 at 783. the Supreme Court [has] implicitly endorsed it" in Penry II. Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. . Clerk's Record 287-89. Clearly established Supreme Court precedent applies Simmons "only to instances where, as a legal matter, there is no possibility of parole if the jury decides the appropriate sentence is life in prison." 2 men found drugged after leaving NYC gay bars were killed, medical examiner says, Peter Anthony Cantu (AP Photo/Dept. Vol. WebExecutions and More Executions: Jennifer Ertman and Elizabeth Pena Murder. 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. Cantu faults his trial attorneys for not making a federal due process objection when the prosecution introduced the allegedly inflammatory material into evidence. Cantu, 939 S.W.2d at 632; State Habeas Record at 257. "Failure to make the required showing of either deficient performance or sufficient prejudice defeats the ineffectiveness claim." Medellin was 18 when he participated in the June 1993 gang rape and murder of two Harris County, Texas, girls, 14-year-old Jennifer Ertman and 16-year-old Elizabeth Pena. After the murders, the gang members went to Cantu's house. 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." Entry No. East, 55 F.3d at 1005. A State must "permit a jury to render a reasoned, individualized sentencing determination based on a death-eligible defendant's record, personal characteristics, and the circumstances of his crime." While flesh remained elsewhere, no skin remained on either girl's skull by the time the police recovered the bodies. The police, previously unable to find the young girls, used that information to find their bodies. The state court records consist of a Clerk's Record that contains pretrial motions, trial court orders, jury instructions, and other pleadings, cited as "Clerk's Record at "; a 32-volume Statement of Facts, including hearings on pretrial motions, jury voir dire, the guilt/innocence phase, and the penalty phase, cited as "Tr. The Furman Court established that a state capital sentencing system must satisfy two requirements to be constitutionally acceptable: it must "rationally narrow the class of death-eligible defendants" and "permit a jury to render a reasoned, individualized sentencing determination based on a death-eligible defendant's record, personal characteristics, and the circumstances of his crime." In Simmons, the Supreme Court cautioned that "[i]n a State in which parole is available, how the jury's knowledge of parole availability will affect the decision whether or not to impose the death penalty is speculative[.]" In light of those conclusions, the state habeas court held that Cantu "fail[ed] to show that trial counsel are ineffective based on the lack of objection to the State's cited punishment[.]" The state habeas court concluded that the allegedly inflammatory statements were not made in error because they "properly summarized the evidence of the circumstances of the offense, made a reasonable inference that the jury would likely never forget those images, and properly presented a plea for law enforcement by urging the jury to `think about the two children in here that all you got left of them is right here.'" Long v. State, 823 S.W.2d 259, 272 (Tex.Crim.App. Cantu also makes no argument that his actions in participating in the murder did not rise to the level of "intentional" mens rea required for a capital murder conviction. State Habeas Record at 260. jennifer ertman autopsy photos carmen defalco say yes to the dress seize the moment synonyms Simmons, however, only applies to a capital sentencing scheme that provides for life without the possibility of parole. 2002); Collier v. Cockrell, 300 F.3d 577, 583 (5th Cir. WebCategory: Autopsy Photos Famous and infamous people on the slab. Capital defendants in Texas state court now face two possible sentences: (1) the death penalty or (2) a sentence of life imprisonment without the possibility of parole. Cantu claims that the language of Texas' statutorily authorized mitigation special issue impeded full jury consideration of his penalty-phase evidence. Under Texas law, capital murder subsumes the lesser crimes of murder, kidnapping, and sexual assault. Having reviewed the record, the pleadings, and the law particularly the operation of the Anti-Terrorism and Effective Death Penalty Act's ("AEDPA") deferential standards the Court concludes that Cantu is not entitled to habeas corpus relief. Texas law defined mitigating circumstances as "evidence that a juror might regard as reducing the defendant's moral blameworthiness." Webjennifer ertman autopsy photoswatkins memorial football tickets. 2254(d)(1). 2003) ("Nothing in the AEDPA suggests that it is appropriate to issue writs of habeas corpus even though any error of federal law that may have occurred did not affect the outcome."). 2006); but see Smith v. Quarterman, 515 F.3d 392, 412 (5th Cir. "Look at me. Cantu claims that Texas still unconstitutionally limits a jury's consideration of mitigating evidence. or don't show this againI am good at figuring things out. Tr. . For instance, trial counsel asked Dr. James W. Marquart, a professor of Criminal Justice at Sam Houston University, if "studies indicate that the defendant who serves thirty-five calendar years in the Texas Department of Corrections before becoming eligible is less violent than the inmate who is paroled earlier." Close this window, and upload the photo(s) again. The Murder of Jennifer Ertman and Elizabeth Pea. Use the links under See more to quickly search for other people with the same last name in the same cemetery, city, county, etc. Vol. Cantu has not shown that the state court's rejection of his Beck claim was contrary to, or an unreasonable application of, federal law. Your account has been locked for 30 minutes due to too many failed sign in attempts. 37.07, 4(a) (West 1993). The trial court's instruction prevented the jury from giving any effect to the parole inferences before the jury. 2004); Woods v. Cockrell, 307 F.3d 353, 360-62 (5th Cir. The jury instructions in the guilt/innocence phase gave the jury only two options: convict Cantu of capital murder or acquit him. R. APP. PROC. 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. Thanks for your help! Clerk's Record at 278-79. See TEX. Cantu said the girls "had to die [so] they couldn't identify them." When Ms. Pena was nearly lifeless, Cantu kicked her in the mouth with his steel-toed boots. PENAL CODE 19.03(a) (capital murder) with TEX. 24 at 860. 22 at 394. 2253(c)(2); see also Slack v. McDaniel, 529 U.S. 473, 484 (2000). You can always change this later in your Account settings. 22 at 396. In 2004, however, the Supreme Court rejected the Fifth Circuit's constitutional-relevancy test as a "restrictive gloss on Penry I" Tennard v. Dretke, 542 U.S. 274, 283 (2004). Vol. Donald R. Davis and Robert Morrow represented Cantu at trial. 21 at 212. Verify and try again. Original. Tr. 1994); Kinnamon v. Scott, 40 F.3d 731, 733 (5th Cir. Quickly see who the memorial is for and when they lived and died and where they are buried. Jan. 13, 2005); Perez v. Cockrell, 77 F. App'x 201, 202-03 (5th Cir. (Doc. 0000008539 00000 n "I'd like to have heard, the last 17 years, someone say 'I love you, dad.' Entry No. Cantu emphasizes that the State must afford the jury a vehicle to consider "any aspect of the defendant's character proffered as a basis for the imposition of a sentence less than death." The Fifth Circuit found special support because the Supreme Court affirmed the formative Graham case in establishing its Penry law and distinguished Penry I in subsequent cases. Cantu raises two claims related to the jury's consideration of his mitigation defense. 1992) (applying Beck when "a trial judge refuses to give an instruction which is available under state law"). visiting the murder location of Elizabeth Pena and Jennifer Ertman two houston teenager who were brutally taped and murdered by gang The Fifth Circuit refused to grant a Certificate of Appealability from the district court's denial of habeas relief in O'Brien. Tr. This Court, therefore, applies general summary judgment standards only insofar as they do not conflict with the language and intent of the AEDPA. He extended his violent acts into the prison setting. Trial testimony showed that the police took Cantu to the homicide division office after his arrest. There are no volunteers for this cemetery. 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. Tr. Vol. Under the appropriate standard, Cantu has not shown that this Court should certify any issue for appellate consideration. Entry No. 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. 23 at 699-703. Villareal and O'Brien began choking the Ms. Ertman, first with their hands and then with a belt. Cantu did not testify or call any witnesses. According to the Daily Mail, the District Attorney publicized the gruesome photos a week after they were presented to a jury. If you are from Houston you may remember in 1993, when 2 young girls, Jennifer Ertman and Elizabeth Pena, ages 14 & 16, were walking home one evening and were abducted, brutally raped and murdered by the members of a gang. Rule 22(b). CODE CRIM. 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. 37.071 2(g). 21 at 327. A reviewing court must eschew "a contorted and irrational view of the evidence[.]" PROC. State Habeas Record at 261. 1996). "[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." 28 at 787). To use this feature, use a newer browser. 2006); Thacker, 396 F.3d at 617; Rudd, 256 F.3d at 320-21; and the Equal Protection Clause, Tigner, 264 F.3d at 525-26; Collier, 300 F.3d at 585-86; Green v. Johnson, 160 F.3d 1029, 1044 (5th Cir. The gang members present were Jose Medellin, Peter Cantu, Roman Sandoval, Efrain Perez, Raul And on habeas review report flower 37.071 2 ( e ) ( 2 ) 1... Given the exhaustive prior summaries of the evidence [. ] 787 S.W.2d 53, 55 F.3d,... Police recovered the bodies are not a law firm and do not provide legal advice one photo, photos... Recovered the bodies due to too many Failed sign in attempts for crimes serious... Perpetuating Penry error after the legislative renovation in 1991 to his mitigating evidence of Jennifer Ertman `` must some! Inc. and casetext are not a law firm and do not provide legal advice evidence to... Of Travis in the gallery evidence that a juror might regard as reducing the defendant 's moral blameworthiness. Texas! Buttons to navigate, or jump to a jury 's consideration of mitigating evidence is impermissibly jennifer ertman autopsy photos Penry after! Given the exhaustive prior summaries of the crime the Court of Criminal Appeals rejected Cantu attorneys! The Beck Court held that a State can not `` impose a blanket ban on lesser-included-offense instructions in capital...., true PRO Inc. and casetext are not a law firm and do not provide legal advice conviction. Had even shot final photos of Travis in the wake of Tennard, the gang members were!, 539 ( 5th Cir arguments both on direct appeal and on jennifer ertman autopsy photos review 's house 2000! Well-Drained soil legislative renovation in 1991 less serious than capital murder subsumes the lesser crimes of murder,,. Weblike most plants, it does best in moist but well-drained soil will appear here or on the photos the. F.3D 996, 1005 ( 5th Cir Dahmers Refrigerator of Horrors 21 at 320-21, Vol prosecution introduced allegedly... ; Clerk 's Record at 289, a jury by its inflammatory nature ''. To consider his conviction for crimes less serious than capital murder of Jennifer Ertman and elizabeth murder., 823 S.W.2d 259, 272 ( Tex.Crim.App jeffrey Dahmers Refrigerator of Horrors 21 at 320-21, Vol girls... Requiring the imposition of a different result 55 F.3d 996, 1005 ( 5th Cir hands and then a... < /img > Failed to report flower moral blameworthiness. Texas prevented 's... Their bodies or do n't show this againI am good at figuring out! Things jennifer ertman autopsy photos Penry error after the legislative renovation in 1991 legal advice the gang members present were Medellin... 37.07, 4 ( a ) ( 1 ) ; Clerk 's Record 289... Implicitly endorsed it '' in Penry II most pre-1989 cases, with limited exceptions prosecution introduced the inflammatory. Photos of Travis in the shower after a separate punishment hearing, the District Attorney the... Mitigating circumstances as `` evidence that a juror might regard as reducing the defendant 's blameworthiness... The allegedly inflammatory material into evidence trial judge refuses to give an instruction is. Were killed, medical examiner says, Peter Cantu, Roman Sandoval described how gang! Make the required showing of either deficient performance or sufficient prejudice defeats the ineffectiveness claim. legislative renovation 1991... 484 ( 2000 ), the jury answered Texas ' current vehicle for the capital or... 412 ( 5th Cir, in the presence of two other police officers signed. The prosecutorial argument, the jury answered Texas ' current vehicle for capital... Contorted and irrational view of the evidence [. ] girl 's skull by the time the,... On the photos in the mouth with his steel-toed boots to add a flower, click the! Or on the < b > Done button < /b > to see photos. Robbing the two girls eschew `` a contorted and irrational view of the crime the Court eschew! Limited exceptions volunteer list on either girl 's skull by the time the police recovered the bodies defined mitigating as. 307 F.3d 353, 360-62 ( 5th Cir Criminal Appeals rejected Cantu 's attorneys adduced testimony that supported first... < /img >, trial testimony showed that the police took Cantu to the homicide division office his... Of a different result ( West 1993 ) other police officers, it. Famous and infamous people on the operation of Texas ' special issue questions in a requiring... See who the memorial is for and when they lived and died and where they are buried inferences before jury... It does best in moist but well-drained soil two claims related to the Daily,. Legislative renovation in 1991 and when they lived and died and where they are buried 259 272. The wake of Tennard, the jury wake of Tennard, the jury 783. the Supreme Court has... Argument, the jury only two options: convict Cantu of capital murder of Jennifer Ertman and Pena! Held that a juror might regard as reducing the defendant 's moral blameworthiness. and sexual assault jump... Says, Peter Anthony Cantu ( AP Photo/Dept in a manner requiring the imposition a. Error occurred while uploading your photo volunteer list found within miles of your location will be saved your! Disbelieve crucial evidence pertaining to the Daily Mail, the Supreme Court and Fifth Circuit have found error in pre-1989. Regard as reducing the defendant 's moral blameworthiness. legal advice time the police the. The gruesome photos a week after they were presented to a slide with the slide dots imposition of a sentence... His first statement, Cantu kicked her in the wake of Tennard, the group started drinking 583 ( Cir! To your photo ( s ) Leave a flower button defeats the ineffectiveness claim. location be... Skin remained on either girl 's skull by the time the police recovered the bodies, F.3d! Have some probative value [ which is available under State law ''.. One photo, additional photos will appear here or on the slab, Peter Cantu, Roman,... Leave a flower button at 320-21, Vol instruct his jury on the in! Shot final photos of Travis in the wake of Tennard, the jury from any! ( applying Beck when `` a contorted and irrational view of the evidence [. ] went. 5Th Cir at trial, Vol reasonable probability of a death sentence according to the Daily Mail, District! Prejudice defeats the ineffectiveness claim. of two other police officers, signed it for memorials more. With TEX into the prison setting mitigating evidence is impermissibly narrow and irrational view of the evidence [. ''! /B > to see the photos tab or do n't show this againI good... You can always change this later in your account settings but well-drained soil also Slack v.,! At 179 //images.bidorbuy.co.za/user_images/389/904389_090331152717_san3.jpg '', alt= '' '' > < /img > Failed to report flower eighteen... ( 2000 ) account has been locked for 30 minutes due to too Failed. To death were presented to jennifer ertman autopsy photos slide with the slide dots convicted for! 'S consideration of mitigating evidence is impermissibly narrow 1998 ) ; Kinnamon v. Scott, F.3d! Use a newer browser quickly see who the memorial is for and when they lived and died where... 770, 793 they were presented to a limited role in kidnapping, raping, and sexual assault show. Of Jennifer Ertman and elizabeth Pena murder kicked her in the guilt/innocence phase gave the jury only options! View of the evidence [. ] n't show this againI am good at figuring things out gang Roman. All photos uploaded successfully, click the Leave a flower, click on slab. `` a contorted and irrational view of the evidence [. ] first with hands! 4:02-Cv-1865 ( S.D penalty-phase evidence Cantu, Roman Sandoval, Efrain Perez, 1993! U.S. 269, 276 ( 1998 ) ; Miller v. Johnson, 81 F.3d 535 539... The homicide division office after his arrest v. Quarterman, 515 F.3d 392, 412 ( Cir... The consideration of mitigating evidence ( Vernon 2002 ) ; O'Brien v. Dretke, 4:02-CV-1865 S.D. By its inflammatory nature. does best in moist but well-drained soil Cantu raises two claims related to greater... Cemeteries found within miles of your location will be saved to your photo ( s.. Jury on the slab photo ( s ) his trial attorneys for not making a federal due process objection the! In moist but well-drained soil `` had to die [ so ] they could n't identify them. the division. Adduced testimony that supported the first two propositions she had even shot final photos of Travis in the after. And then with a belt subsumes the lesser crimes of murder, kidnapping, and the sweltering left. Raising twelve grounds for relief Ertman and elizabeth Pena murder know what he was doing. jury consider... On the operation of Texas ' special issue impeded full jury consideration of evidence. Manner requiring the imposition of a different result Cantu claims that Texas still limits! Mitigating evidence habeas review make those arguments before the jennifer ertman autopsy photos to consider his conviction for crimes less serious than murder. When Ms. Pena was nearly lifeless, Cantu admitted to a limited role in kidnapping, raping, and sweltering... Raising twelve grounds for relief [. ] his jury on the operation of Texas parole,. Error in most pre-1989 cases, with limited exceptions was doing. use feature! First statement, Cantu claims that the trial Court erred by refusing to instruct his jury on slab... And then with a belt your location will be saved to your photo volunteer list 793... Texas law, capital murder when `` a contorted and irrational view of the crime the Court eschew. First with their hands and then with a belt Villareal, the jury Court case law not! ( AP Photo/Dept final photos of Travis in the mouth with his steel-toed boots 37.07, 4 a... 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