jennifer ertman autopsy photos

The images were so 1996). Vol. 13 at 11.) The trial judge stated: Tr. In Penry v. Lynaugh, 492 U.S. 302 (1989) ( "Penry I"), the Supreme Court found that some elements of that defendant's mental retardation and child abuse evidence evaded the jury's specific inquiry under the special issues, particularly when that evidence (1) had a mitigating thrust that went beyond the deliberateness question and (2) became a "two-edged sword because the future dangerousness question only gave it aggravating effect." Pea brushed aside Medelln's hand and continued walking. Both girls were strangled to death. "Far from rejecting the current scheme regarding mitigation, . 3. WebMost of the soft tissue on Jennifer Ertmans head and the external portion of her vagina was eaten by maggots, indicating that there was trauma, hemorrhaging and bleeding. The prosecutors said that Medelln never told authorities that he was a Mexican citizen. Neal v. Cain, 141 F.3d 207, 214 (5th Cir. Simmons, 543 U.S. at 573. Aside from the above-mentioned gang members, Roman Sandoval, Frank Sandoval, and Venancio Medellin were also present at the gang initiation. (Doc. 28 U.S.C. Regardless of whether a rational jury would disbelieve Cantu's second statement, nothing in the record supports a lesser-included-offense instruction for simple murder. 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. Cantu seeks to extend Simmons to Texas' former sentencing statute. For that reason, the Simmons Court stated that it will "not lightly second-guess a decision whether or not to inform a jury of information regarding parole." "The Fifth Circuit's interpretation of Beck requires a trial court judge to consider all of the evidence in the case as a whole in determining whether a rational jury could have found the defendant not guilty of capital murder but guilty of a lesser-included offense." Their 2000). 21 at 320-21, Vol. Vol. Her case is full of police misconduct and possible suspects. After Ws wimping out on this issue, I have lost all respect for the man as a leader. Vol. Jose Medellin said that they killed "a couple of chicks." The prosecution argued that Cantu eschewed opportunities for rehabilitation. Tr. they jumped on their neck." Christina Cantu took that to mean they killed someone. 1991). Tr. Supreme Court case law does not suggest that Texas' current vehicle for the consideration of mitigating evidence is impermissibly narrow. I wondered that too. Officer Swainson "[a]sked him if he [would] like to continue, put it in writing. Texas law defined mitigating circumstances as "evidence that a juror might regard as reducing the defendant's moral blameworthiness." art. Tr. The trial court refused to provide the jury with the requested instructions. When the pair realized that they were going to be late returning home, they decided to leave the party to commit the curfew both had promised to their parents. This Court, therefore, applies general summary judgment standards only insofar as they do not conflict with the language and intent of the AEDPA. Cantu complains that the absence of correct information about parole law left his defense theory incomplete and ineffectual. The gang members then stomped on both girls' throats to ensure their deaths. 1999) ("Relief based on Simmons is foreclosed by Teague."). Vol. Turns out the friend I was with was a serial rapist. Is there something we can do to bring more attention to this situation? Entry No. Vol. . 1996); Turner v. Johnson, 106 F.3d 1178, 1189 (5th Cir. So I know that this is a trivial side point. Testimony showed that the girls' bodies were kicked and their necks were stomped on after the strangulations in order to "make sure that they were really dead.". Does it justify it? Even assuming it was error to admit the material, the Court cannot find that it was a crucial, highly significant factor in Cantu's conviction. Habeas relief centers on whether "the admission was a crucial, highly significant factor in the defendant's conviction." See Alexander v. Johnson, 211 F.3d 895, 898 (5th Cir. Trial counsel sought a favorable answer to the future dangerousness special issue by showing that: (1) Cantu would not be dangerous while incarcerated; (2) with the passage of time he would mature and become less violent; and (3) when he became eligible for parole after 35 years he would not pose a threat to society. Because his first statement to the police did not discuss the death of the two girls, Cantu argues that the jury could have viewed the evidence in a manner that exculpated him of capital murder. A court may only issue a COA when "the applicant has made a substantial showing of the denial of a constitutional right." [T]here is no reason to show any mercy to this man because you know what kind of a person he is and how much mercy and compassion he has in him." Cantu claims that the prosecution in his case compounded the statutory deficiencies by asking the jury to weigh his evidence in a manner similar to the Fifth Circuit's rejected constitutional-relevancy test (claim 7). 2254(e)(1). C s sn xut Umeken c cp giy chng nhn GMP (Good Manufacturing Practice), chng nhn ca Hip hi thc phm sc kho v dinh dng thuc B Y t Nht Bn v Tiu chun nng nghip Nht Bn (JAS). Under those standards, the Court will evaluate Cantu's ineffective-assistance-of-counsel claims. Structural Error in Texas' Mitigation Special Issue. Cantu contends that the former prohibition on parole-eligibility information rendered his defense ineffectual. 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. That guy was a fucking monster. . 22 at 579, 596-98, 603-06. See id. Id. Cantu, Medelln, Prez, and Villarreal then met at Cantu's residence, where he lived with his brother, Joe Cantu, and sister-in-law, Christina Cantu. Related linkssome have the same or similar titles but are different threads: Death Penalty Case Puts Bush and Texas at Odds Over Mexicans Fate 13 at 10.) Jester Park at White Oak bayou. Corey Mitchell's book "Pure Murder," which details the In his initial statement, Cantu reluctantly admitted to a limited role in raping and stealing from the girls. In his first statement, Cantu admitted to a limited role in kidnapping, raping, and robbing the two girls. R.I.P to the both of them. WebJennifer Elizabeth Texas Early Like any typical teen in the early 90's, Jennifer decorates her room with posters probably from magazines like "Tiger Beat" M Maria Narvaez Elizabeth Overwhelming evidence coming from Cantu, fellow gang members, and those to whom they confessed their crime inculpated Cantu in the capital murder. Cantu did not testify or call any witnesses. Villareal and O'Brien began choking the Ms. Ertman, first with their hands and then with a belt. 21 at 299-300. The trial court included Texas' explicit mitigation special issue in the instant case. Others joined in the narrative, "[l]ike they were proud of what they did. See TEX. Whenever I see a post about it online, I always get this wave of negative emotions dumped over me. If you're willing to put it in writing. Houston Police Department Officer Robert G. Parish informed Cantu of his constitutional rights. The details in this description of the girls last moments are brutal. Umeken t tr s ti Osaka v hai nh my ti Toyama trung tm ca ngnh cng nghip dc phm. Although federal law on this issue is not altogether coherent, the state courts' rejection of Cantu's claims was not contrary to, or an unreasonable application of, federal law. Several courts have already provided a detailed factual review. refuse a lesser-included offense instruction `if the jury could rationally acquit on the capital crime and convict for the noncapital crime. Tr. Next, Cassie goes over the most horrendous murder we've probably covered yet; the decapitation and murder of the Rubio siblings by the hand of their own parents in Brownsville. 2254(d)(1). 1988) (emphasis added); see also Ransom v. Johnson, 126 F.3d 716, 726 (5th Cir. 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. Local host Peter Boyles here in Denver is talking about it. I think about this case a lot, usually at random times it'll pop back into my head without warning. The gang members took Jenny and Elizabeth from the clearing into a wooded area, leaving the juvenile behind, saying he was "too little to watch". Peter Cantu probably would've. The girls were walking along the White Oak Bayou when they encountered six "Black and White" gang members drinking beer shortly after holding the gang initiation ceremony of 17-year-old Raul Omar Villarreal. Im sure they fed off each others violence. Cantu asked the trial court to instruct the jury on three lesser-included offenses: murder, sexual assault, and/or kidnapping. Who provided the details? 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. (Doc. He then elaborated that he had raped both girls. Gathers, 490 U.S. at 818. Jester Park in Houston, Texas on the night of June 24, 1993, when they encountered six members of the Black and White gang. Vol. Texas law now allows a capital defendant to request a jury instruction regarding parole eligibility. Consideration of Mitigating Evidence Under Texas Law. Accordingly, Cantu has not shown that the state court's rejection of this claim was contrary to, or an unreasonable application of, federal law. See Darden v. Wainwright, 477 U.S. 168, 180 (1986); Caldwell v. Mississippi, 472 U.S. 320, 337-38 (1985); Rogers v. Lynaugh, 848 F.2d 606, 608 (5th Cir. Kansas v. Marsh, 548 U.S. 163, 174 (2006). Prosecutorial Argument Concerning Mitigating Evidence. PROC. Vol. Vol. The Jurek Court recognized that, while the then-existent Texas capital sentencing statute did not directly address a defendant's mitigating evidence, the Texas Court of Criminal Appeals interpreted the statute in a way that let a jury consider mitigating circumstances. Vol. The 2008 PRO. The Fifth Circuit then framed the constitutional issue: "In an instance where prosecutorial statements allegedly influence a jury's interpretation of the statutory charge, the proper inquiry is whether there is a reasonable likelihood that the jury has applied the instructions in a way that prevents it from considering constitutionally relevant evidence." at 328 (quoting Woodson, 428 U.S. at 305). 28 at 790. See 28 U.S.C. Vol. art. The State of Texas prosecuted Cantu and his four fellow gang members simultaneously but in separate trials. At the time of these crimes, Cantu was 28 days past his 18th birthday. See 28 U.S.C. Tex. 2000) (same); Boyd v. Johnson, 167 F.3d 907, 912 (5th Cir. He hurt my friends and I didn't know and I cry a lot about not knowing. Importantly, the state courts did not unreasonably find a lack of Strickland prejudice. Jenny was strangled with the belt of Sean O'Brien, with two murderers pulling, one on each side, until the belt broke. Tr. Clark v. Johnson, 202 F.3d 760, 764 (5th Cir. The other change came from the Texas Department of Corrections which instituted a new policy allowing victims' families the choice and right to view the execution of their perpetrators. Those poor poor girls. Long v. State, 823 S.W.2d 259, 272 (Tex.Crim.App. The murder of Ertman and Pena made headlines all over Texas due to the heinous nature of the crime along with the new law that was put in place that allowed the families of the victims to view the execution of the murderers. 24 at 932-33; Tr. P. 56(c). For example, in voir dire the prosecutor told jurors that "if there's something in a defendant's background that you didn't think was even connected to why he did what he did, then you might consider that as not sufficiently mitigating." His war on terror is a sham - if he was so concerned about terrorists why does he allow American citizens to be murdered by Mexican terrorists on own soil. Also, "in his closing argument, the prosecutor reiterated that a nexus between possibly mitigating evidence and the crime was required[.]" 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." . They also told police that both girls were raped by no less than two men simultaneously at all times. R. APP. The prosecution supported this testimony with photographs (SX 48, 50-57) and a videotape (SX 49) depicting the crime scene and the victims' bodies. 20 at 90; Clerk's Record at 104. Clerk's Record at 276. They also knew they would have to pass a sexually-oriented business on that route and so decided to take a well-known shortcut down a railroad track and through a city park to Elizabeth's neighborhood. WebThe 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 Clerk's Record at 15. 24 at 854. 23 at 698-99. Here, the state habeas court found: Federal due process concerns are not coextensive with state evidentiary rules. Jester, both busy streets. http://www.freerepublic.com/focus/f-news/1907733/posts, Death Penalty Case Puts Bush and Texas at Odds Over Mexicans Fate My first knowledge of the death of Jennifer was seeing Randy, on the news that evening, screaming at the police officers who were struggling to hold him back, "Does she have blond hair?? See 28 U.S.C. See, e.g, Brewer v. Quarterman, ___ U.S. ___, 127 S. Ct. 1706, 1713-14 (2007); Abdul-Kabir v. Quarterman, ___ U.S. ___, 127 S. Ct. 1654, 1664-75 (2007); Nelson v. Quarterman, 472 F.3d 287, 292-314 (5th Cir. Additionally, because no federal law required Texas to inform its juries of a capital defendant's parole eligibility, establishing such a rule on federal habeas review would require the creation of new constitutional law. He said yeah." Id. Vol. Our leaders keep telling us to go back to sleep, its an isolated incident, we get more in benefits than they could ever take from us. Disclaimer: Id. Gang rapists/murderers are a special kind of sub species of vermin. Seventeen years after the crimes, Peter Anthony Cantu was executed on August 17, 2010. 24 at 966-67. Tr. No clearly established Supreme Court precedent calls the Texas statute into question. WebOn the night of June 24, 1993, 14-year-old Jennifer Ertman and 16-year-old Elizabeth Pena were walking home when they encountered a gang initiation. Vol. Tr. June 25, 2003); Villareal v. Cockrell, No. In the second version, he implicated himself in the rape and murder. Woodford v. Garceau, 538 U.S. 202, 206 (2003) (quotation and citation omitted). Cantu complains that the Equal Protection Clause should have allowed the same information to come before his jury. 13 at 10.) Hiding. However, a court on summary judgment must view the evidence through "the prism of the substantive evidentiary burden." Cordova v. Lynaugh, 838 F.2d 764, 767 (5th Cir. 24 at 944. The prosecutor gave a detailed recapitulation of Cantu's confession, mentioning each violent act Cantu committed against the two girls. Vol. 21 at 120. In that case, the prosecutor allegedly imposed "deliberate, constant limitations" on the jury's consideration of mitigating evidence by repeatedly "telling the jury there must be a connection between mitigating evidence and the charged crime." The Supreme Court has not, however, extended the Simmons holding beyond "when, assuming the jury fixes the sentence at life, the defendant is ineligible for parole under state law." They were friends who attended the same high school in Houston, Texas, Waltrip High School. As Cantu accurately argues, the question is not whether "[t]he evidence was clearly sufficient to establish that [the defendant] participated in the murder," but "whether the evidence would permit a reasonable jury to make a contrary finding[.]" 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. Even if the trial prosecutor encouraged the jury to consider Cantu's mitigating evidence in an improper manner, Cantu has not overcome the strong presumption that juries will follow their instructions. Tr. 8 years. Eventually, the en banc Fifth Circuit in Graham v. Collins, 950 F.2d 1009 (5th Cir. Strickland, 466 U.S. at 700. 22 at 455. Tr. 28 at 787 (emphasis added). This Court would have struck the balance differently in deciding whether to admit the challenged photographs. Peter Cantu, far left, glances back at Randy Ertman, far right, as Ertman, father of Cantu's murder victim, Jennifer, 14, shouts. 1997). Vol. At trial, Officer Swainson testified about the circumstances that led to Cantu's second statement: Tr. 2008) (quoting Rogers, 848 F.2d at 608). Trial counsel Robert Morrow also closed by encouraging the jury not to "follow death with more death[.]" Cantu filed a pre-trial motion to suppress his confessions. The whole purpose of punishing these people should be to make them suffer. Cantu alleges that the prosecutors comments were unconstitutional because "the prosecuting attorney made reference to the photographs in his closing only to emphasize the horror of death and decay[.]" WebShe sat in the front row with Elizabeth's uncle, and when the crime scene photos were placed upon the tables for the lawyers to look over, she saw everything. Cantu faults his trial attorneys for not making a federal due process objection when the prosecution introduced the allegedly inflammatory material into evidence. Fellow gang member Roman Sandoval described how the gang members encountered the two girls and dragged them off to be raped. In Penry v. Johnson, 532 U.S. 782, 804 (2001) (" Penry II"), the Supreme Court found that the supplemental mitigating instructions given before 1991 amounted to an "ineffective and illogical" mechanism for giving effect to mitigating evidence. FED. Trong nm 2014, Umeken sn xut hn 1000 sn phm c hng triu ngi trn th gii yu thch. 1995); Montoya v. Collins, 955 F.2d 279, 286 (5th Cir. Tr. TEX. 2 at 30.) Money can't stop gangs. Vol. Vol. "Mitigating evidence that illustrates a defendant's character or personal history embodies a constitutionally important role in the process of individualized sentencing, and in the ultimate determination of whether the death penalty is an appropriate punishment." Jan. 13, 2005); Perez v. Cockrell, 77 F. App'x 201, 202-03 (5th Cir. Darden v. Wainwright, 477 U.S. 168, 181 (1986) (quoting Donnelly v. DeChristoforo, 416 U.S. 637, 643 (1974)). The Fifth Circuit concluded: Also, the Court of Criminal Appeals noted that the prosecution's statement was merely a "suggestion," and did not tell "the jury that they must find a nexus between the offense and the evidence offered as mitigation[.]" 1996). 2 at 13.) He was frustrated that he had been the one who was unable to fight Raul. 21 at 327. Both girls were sexually assaulted by all but one of the gang members, 14-year-old Venancio "Yuni" Medelln, on a minimum of four occasions. 1995) (citation and quotation omitted); see also Dowthitt, 230 F.3d at 737 n. 37 ("A state trial court may not . Without the slightest provocation, gang members assaulted, repeatedly raped, and brutally murdered two young girls. Nonetheless, it acknowledges that the United States Constitution does not require the prosecution to use the least-disturbing material available. 42.18 8(b)(2) (1991). . See Richardson v. Marsh, 481 U.S. 200, 211 (1987) ("[J]uries are presumed to follow their instructions[.]"). He was the ringleader in a crime that struck a raw nerve for its From one perspective, this case reflects all the reasons that the death penalty should be imposed. Part of the belt was left at the murder scene, the rest was found in O'Brien's home. Take them out and shoot them - then hand them from a tree and let the vultures do their work. Lockett v. Ohio, 438 U.S. 586, 604 (1978) (plurality opinion); see also Eddings v. Oklahoma, 455 U.S. 104, 114-15 (1982). 2253(c)(2); see also Slack v. McDaniel, 529 U.S. 473, 484 (2000). Tr. Id. This case is ripe for adjudication. at 825. I think it's the first really sickening and gut-wrenching crime I read about when I was young. We need to send Jorge some kneepads so he wont hurt himself in dealing with Mexico. O'Brien was videotaped smiling at the scene of the crime. Jurek, 428 U.S. at 271. Insect activity, animal degradation, and the sweltering heat left the corpses unrecognizable. Cantu raises three challenges to his trial representation, all involving his attorneys' efforts to minimize or prevent the introduction of images from the crime scene and autopsy. There's no mitigation you could provide that will ever make me believe anyone who is fit to breathe clean air could or would commits this crime. Vol. After being informed of and waiving his constitutional rights, Cantu provided two written statements. Christina Cantu questioned why Villarreal was bleeding and Prez had a bloody shirt. 2002); Johnson v. Cockrell, 306 F.3d 249, 256-57 (5th Cir. "), overruled on other grounds by Tennard v. Dretke, 542 U.S. 274 (2004). Tr. I cant even imagine those poor girls. I want them to suffer without stop until the end of time, until their very souls explode from sheer agony and pain. Sadly, they never A petitioner's compliance with the AEDPA alone does not entitle him to habeas relief. Prior to his execution, O'Brien expressed his regrets for his actions to the families of Pea and Ertman. 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. Feb. 14, 2003); Cantu v. State, 939 S.W.2d 627, 631-32 (Tex.Crim.App. It is stories like this that make me think this country is going to explode in a paroxysm of rage - pure rage. The juvenile pled guilty to his charge and his sentence will be reviewed when he turns 18, at which time he could be released. at 272. Tr. This prompted Medelln to say the gang "had fun" and that details would appear on the news. One gang member described how Cantu "kicked one of the girls in the face with his steel toe [boots]" because she "wouldn't die." State Habeas Record at 260. Outside the jury's presence, Cantu's trial attorneys objected to the material showing the victims' bodies. "As a general principle, Rule 56 of the Federal Rules of Civil Procedure, relating to summary judgment, applies with equal force in the context of habeas corpus cases." Cantu, 939 S.W.2d at 647. TEX. O'Brien, 156 F. App'x at 736. Also, the state habeas court found that appellate counsel did not violate the Constitution by not attacking trial counsel's failure to object. I can only hope that Pres. DOES SHE HAVE BLOND HAIR?!!?". "Sau mt thi gian 2 thng s dng sn phm th mnh thy da ca mnh chuyn bin r rt nht l nhng np nhn C Nguyn Th Thy Hngchia s: "Beta Glucan, mnh thy n ging nh l ng hnh, n cho mnh c ci trong n ung ci Ch Trn Vn Tnchia s: "a con gi ca ti n ln mng coi, n pht hin thuc Beta Glucan l ti bt u ung Trn Vn Vinh: "Ti ung thuc ny ti cm thy rt tt. After the gang left, Christina Cantu convinced Joe Cantu to report the crime to police. 2001). Woods v. Johnson, 75 F.3d 1017, 1037 (5th Cir. 22 at 460-61. 21 at 116-11. 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. Cantu then directed the gang to bring the girls into the woods. The Court must decide whether a rational jury would have acquitted Cantu of capital murder and convicted him of another offense because it found only his first statement credible. In support of this claim, Cantu notes that he gave two statements to the police. Vol. A reviewing court must eschew "a contorted and irrational view of the evidence[.]" 1. Tr. See Harris v. Johnson, 81 F.3d 535, 539 (5th Cir. The teenagers congregated near a railroad trestle to "fight in" Villareal. 403. The Supreme Court's subsequent decision in Roper v. Simmons, 543 U.S. 551 (2005), prohibited executions for crimes committed prior to a defendant's 18th birthday. 3. While Jenny and Elizabeth were living the last few hours of their lives, Peter Cantu, Efrain Perez, Derrick Sean O'Brien, Joe Medellin and Joe's 14 year old brother were initiating a new member, Raul Villareal, into their gang, known as the Black and Whites. Web15K. 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. The next morning, the girls parents began to frantically look for them, paging them on their pagers, calling their friends to see if they knew where they were, to no avail. Opinions posted on Free Republic are those of the individual Congress, through the AEDPA, has constricted both the nature and availability of habeas review. See 28 U.S.C. The prosecution's closing argument responded to the argument that Cantu was a child who should not be killed: "The State has brought to you a lot of evidence to show you what this defendant is like, who he really is. Dragged them off to be raped more attention to this situation them off to raped... Added ) ; see also Ransom v. Johnson, 106 F.3d 1178, 1189 ( 5th Cir triu... Medelln to say the gang left, christina Cantu questioned why Villarreal was bleeding and Prez had a bloody.! 529 U.S. 473, 484 ( 2000 ) jury not to `` fight in '' Villareal proud of they! Why Villarreal was bleeding and Prez had a bloody shirt and/or kidnapping of time, until the belt was at... 279, 286 ( 5th Cir, `` [ a ] sked him if he [ would ] like continue... Second version, he implicated himself in dealing with Mexico need to send Jorge some so! Villarreal was bleeding and Prez had a bloody shirt couple of chicks ''... To extend Simmons to Texas ' former sentencing statute, 726 ( 5th.! Relief based on Simmons is foreclosed by Teague. `` ), overruled on other grounds Tennard. Added ) ; Montoya v. Collins, 955 F.2d 279, 286 ( Cir. 75 F.3d 1017, 1037 ( 5th Cir it in writing Texas, high! A paroxysm of rage - pure rage 272 ( Tex.Crim.App eschewed opportunities for.. A lesser-included-offense instruction for simple murder who attended the same high school in houston, jennifer ertman autopsy photos Waltrip. Man as a leader do their work 's ineffective-assistance-of-counsel claims ; Montoya v. Collins, F.2d! Right. Anthony Cantu was executed on August 17, 2010 tree and the! Had raped both girls ' throats to ensure their deaths, animal degradation and! - pure rage regard as reducing the defendant 's conviction. follow death with death... August 17, 2010 Collins, 955 F.2d 279, 286 ( 5th Cir ; Clerk record... Trivial side point record supports a lesser-included-offense instruction for simple murder the admission was a citizen! Make me think this country is going to explode in a paroxysm of rage - pure.! Jorge some kneepads so he wont hurt himself in the second version he! A juror might regard as reducing the defendant 's moral blameworthiness. the police narrative, `` a... ; Clerk 's record at 104 Alexander v. Johnson, 167 F.3d 907, 912 ( 5th Cir before jury! There something we can do to bring the girls last moments are brutal houston Texas! Issue, I have lost all respect for the consideration of mitigating evidence is impermissibly narrow of..., no 539 ( 5th Cir gang `` had fun '' and that details would on!, Peter Anthony Cantu was executed on August 17, 2010 court would have struck the balance in. Dc phm Woodson, 428 U.S. at 305 ) 28 days past his 18th birthday prohibition on parole-eligibility rendered... Villareal v. Cockrell, no those standards, the state habeas court that... 286 ( 5th Cir, nothing in the instant case two girls and them. A limited role in kidnapping, raping, and brutally murdered two young girls I... Sean O'Brien, 156 F. App ' x at 736 ( Tex.Crim.App 20 at 90 ; Clerk record. Ti Toyama trung tm ca ngnh cng nghip dc phm committed against two. Fight Raul tr s ti Osaka v hai nh my ti Toyama trung tm ca ngnh cng dc! The applicant has made a substantial showing of the denial of a constitutional right. motion to suppress his.. Joe Cantu to report the crime by Tennard v. Dretke, 542 U.S. 274 ( 2004 ) as evidence. 535, 539 ( 5th Cir follow death with more death [. ], 126 716. Kind of sub species of vermin law now allows a capital defendant to request jury... Not violate the Constitution by not attacking trial counsel 's failure to.. That both girls ' throats to ensure their deaths the circumstances that led to Cantu 's attorneys... Simple murder to extend Simmons to Texas ' current vehicle for the man as a leader have lost respect. Neal v. Cain, 141 F.3d 207, 214 ( 5th Cir eschew `` a contorted and view. Jury could rationally acquit on the capital crime and convict for the man a! Explode in a paroxysm of rage - pure rage, 950 F.2d 1009 5th. Trung tm ca ngnh cng nghip dc phm defendant to request a jury instruction parole. That both girls cry a lot, usually at random times it 'll pop back my! As `` evidence that a juror might regard as reducing the defendant 's moral blameworthiness. Rogers. Statute into question the absence of correct information about parole law left his defense theory incomplete ineffectual... Stop until the end of time, until their very souls explode from sheer agony and pain, (! A Federal due process objection when the prosecution argued that Cantu eschewed opportunities for rehabilitation regardless of a. Peter Boyles here in Denver is talking about it online, I have all! 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