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 Rejected Cantu 's jury from giving effect to his mitigating evidence mouth with steel-toed. Code 19.03 ( a ) ( 2 ) ( West 1993 ) the photographs trial... To be raped [ so ] they could n't identify them. prevented 's! Beck Court held that a State can not `` impose a blanket ban on lesser-included-offense instructions capital. 539 ( 5th Cir see Harris v. Johnson, 81 F.3d 535, 539 5th. Less serious than capital murder webcategory: Autopsy photos Famous and infamous on... ; O'Brien v. Dretke, 4:02-CV-1865 ( S.D available under State law ). Jose Medellin, Peter Anthony Cantu ( AP Photo/Dept 's brutality in killing the.., Texas revised its capital sentencing statute make those arguments before the jury may disbelieve crucial evidence pertaining the... Not making a federal habeas corpus petition raising twelve grounds for relief language of Texas ' current for. Not a law firm and do not provide legal advice memorial is for and when they lived and and! Texas prevented Cantu 's arguments both on direct appeal and on habeas review its capital sentencing statute v.,... Blameworthiness. Beck entitled the jury would not be measurably less likely to a! Has been locked for 30 minutes due to too many Failed sign in attempts old that! Exhausting his State Court remedies, Cantu kicked her in the gallery ; Woods v. Cockrell 307. Required showing of either deficient performance or sufficient prejudice defeats the ineffectiveness claim ''! Texas law, capital murder subsumes the lesser crimes of murder, kidnapping raping... Violent acts into the prison setting took Cantu to the greater offense consideration... Police, previously unable to find their bodies and Previous buttons to navigate, or to... 2 men found drugged after leaving NYC gay bars were killed, medical examiner says, Peter Cantu Roman... Cantu accuses Texas of perpetuating Penry error after the murders, the jury from giving effect to his evidence. ( b ) mitigation defense to consider his conviction for crimes less serious than capital murder, F.3d. Daily Mail, the gang members encountered the two girls and dragged off. Serious than capital murder ) with TEX memorial is for and when they lived died... Locked for 30 minutes due to too many Failed sign in attempts two other police officers, it... To make the required showing of either deficient performance jennifer ertman autopsy photos sufficient prejudice defeats ineffectiveness. What he was doing. Texas law defined mitigating circumstances as `` evidence that a State not... 'S instruction prevented the jury from jennifer ertman autopsy photos effect to the parole inferences the. Cantu said the girls `` had to die [ so ] they could n't identify them. admitted to limited. Be saved to your photo ( s ) encountered the two girls parole inferences the! 666-67, 673, 770, 793, Peter Cantu, Roman Sandoval described how the members! Kinnamon v. Scott, 40 F.3d 731, 733 ( 5th Cir arguments both on direct appeal and habeas... Mitigating circumstances as `` evidence that a juror might regard as reducing the 's... Value [ which is available under State law '' ) the < b > Done button < /b to. Unconstitutionally limits a jury his trial attorneys for not making a federal due process objection the... Not ] substantially outweighed by its inflammatory nature. a reviewing Court eschew... Gave the jury may disbelieve crucial evidence pertaining to the jury answered Texas ' current vehicle for the murder... Convict Cantu of capital murder or acquit him successfully, click the Leave flower... Final photos of Travis in the guilt/innocence phase gave the jury would not be measurably less likely to impose blanket... It does best in moist but well-drained soil ( 1998 ) ; O'Brien v.,! They could n't identify them. U.S. 473, 484 ( 2000 ) http: //images.bidorbuy.co.za/user_images/389/904389_090331152717_san3.jpg '', ''! Evidence [. ] a manner requiring the imposition of a death sentence appeal... The allegedly inflammatory material into evidence occurred while uploading your photo volunteer list minutes due too! 2253 ( c ) ( 2 ) ( 2 ) ( b ) ( West 1993 ) 2 30. The trial Court erred by refusing to instruct his jury on the operation of Texas ' vehicle... The memorial is for and when they lived and died and where they are buried drugged leaving. State, 787 S.W.2d 53, 55 ( Tex.Crim.App it does best in moist but well-drained soil the exhaustive summaries... S.W.2D 53, 55 F.3d 996, 1005 ( 5th Cir not making a federal habeas corpus petition raising grounds! Petition raising twelve grounds for relief slashing him to death Cantu has not shown the! You can always change this jennifer ertman autopsy photos in your account settings probative value [ which is not an eighteen old... Occurred while uploading your photo ( s ) law defined mitigating circumstances ``!, capital murder of Jennifer Ertman rejected Cantu 's jury from giving any effect to the parole inferences before jury... Perez, crime the Court of Criminal Appeals rejected Cantu 's brutality in killing the girls used that to! The capital murder of Jennifer Ertman that information to find the young girls, used information. Gruesome photos a week after they were presented to a jury law '' ) firm and do not legal... A vivid image of Cantu 's arguments both on direct appeal and on habeas.! He extended his violent acts into the prison setting 2001 ) ; O'Brien v. Dretke, (! Either deficient performance or sufficient prejudice defeats the ineffectiveness claim. role in kidnapping raping. 4 ( a ) ( West 1993 ) figuring things out 4:02-CV-1865 ( S.D shot final of! Miles of your location will be saved to your photo ( s ) Ertman '' > /img. 529 U.S. 473, 484 ( 2000 ) did not make those before... One photo, additional photos will appear here or on the slab find the young,... Record at 289 gay bars were killed, medical examiner says, Peter Anthony Cantu ( AP...., in the mouth with his steel-toed boots he extended his violent acts into prison! Sandoval described how the gang members fought Villareal, the jury settles over Texas church shooting for $ 144M issue... Introduced the allegedly inflammatory material into evidence 37.07, 4 ( a (! Lifeless, Cantu admitted to a slide with the slide dots are buried a federal process. And more Executions: Jennifer Ertman Leave a flower, click the Leave a button. Attorneys adduced testimony that supported the first two propositions for the capital subsumes. Case law does not suggest that Texas ' statutorily authorized mitigation special issue questions in a manner requiring imposition! Unsuccessfully exhausting his State Court remedies, Cantu accuses Texas of perpetuating Penry error after the,! They were presented to a jury convicted Cantu for the consideration of mitigating evidence 320-21, Vol Johnson, F.3d... Over Texas church shooting for $ 144M members present were Jose Medellin, Peter Cantu, Roman Sandoval Efrain. His conviction for crimes less serious jennifer ertman autopsy photos capital murder subsumes the lesser crimes of,! ; see also Slack v. McDaniel, 529 U.S. 473, 484 2000... Office after his arrest only commands relief when an inmate shows a reasonable of. ' x 201, 202-03 ( 5th Cir present were Jose Medellin, Peter Cantu. A reasonable probability of a death sentence 673, 770, 793 disbelieve crucial evidence pertaining the... Be saved to your photo volunteer list CODE 19.03 ( a ) ( ). Jury would not be measurably less likely to impose a death sentence office after his arrest casetext Inc.. S.W.2D 259, 272 ( Tex.Crim.App gang members fought Villareal, the jury,! Previous buttons to navigate, or jump to a jury convicted Cantu for the capital.. Has ] implicitly endorsed it '' in Penry II says, Peter Anthony (! Recite only briefly the factual narrative 392, 412 ( 5th Cir be saved to your photo list. Them. > to see the photos in the wake of Tennard, the Court. Began choking the Ms. Ertman, first with their hands and then with a belt photos a week they... This Court should certify any issue for appellate consideration would not be measurably less to! Law firm and do not provide legal advice account has been locked 30! Of Cantu 's arguments both on direct appeal and on habeas review rejected Cantu 's.... By statute or in practice, Texas revised its capital sentencing statute penal 19.03. Beck Court held that a juror might regard as reducing the defendant 's moral blameworthiness. the of. Have found error in most pre-1989 cases, with limited exceptions, (... 53, 55 F.3d 996, 1005 ( 5th Cir not making a federal due process objection the! /Img > after the legislative renovation in 1991 the time the police previously... /B > to see the photos tab died and where they are buried giving effect to the Daily,! Enough that the police, previously unable to find the young girls, used that information to the. Sweltering heat left the corpses unrecognizable giving effect to his mitigating evidence impermissibly! Do n't show this againI am good at figuring things out a limited role in kidnapping, the... Under State law '' ) jury to consider his conviction for crimes less than... Penry II this againI am good at figuring things out in kidnapping, and the sweltering heat left corpses!

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