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People named Pete Cantu. Both of these claims are governed by the familiar Strickland standard. Valerie Nicole is the only woman working at Ekstensive Metal Works, and needless to say, she is enjoying her work. Cantu v. State, 939 S.W.2d 627 (Tex.Crim.App. Six months before Jenny and Elizabeth were murdered, three of their killers murdered another young woman, Patricia Lourdes Lopez. If they hung all five of them, that would be a deterrent. Authorities were able to track Cantu down to the 100 block of Charles Avenue shortly after midnight. (806) 763-5556. February 19, 2014. 381, 121 L.Ed.2d 292 (1992). The excerpt was also relevant as to the witness' credibility as it contradicted her testimony that she did not find the murders of Jennifer Ertman and Elizabeth Pena somehow funny or amusing. Subsequently, they all took turns stomping on both girls necks to make sure they were dead. However, no such evidence exists. It is well-settled that, in reviewing the sufficiency of the evidence at the punishment stage, this Court views the evidence in the light most favorable to the verdict to determine whether any rational trier of fact could make the finding beyond a reasonable doubt. 2(f)(4). See, Broxton v. State, 909 S.W.2d 912, 923 n. 3 (Tex.Cr.App.1995) (Overstreet, J., dissenting). Follow. [THE STATE:] So, at some point did they move on from talking about what they did to them sexually and tell you that they killed them? Nevertheless, such error is subject to a harm analysis. denied, 511 U.S. 1100, 114 S.Ct. He was not eligible for the death penalty because of his age, and he did not participate in the murders. McFarland, 928 S.W.2d at 520. denied, 513 U.S. 1157, 115 S.Ct. Ex parte Cantu, No. ), cert. 1676, 95 L.Ed.2d 127 (1987). 12/13/06 -- The Texas Court of Criminal Appeals denied state habeas relief. Here's a full rundown of the teams, drivers, and their cars. (806) 763-8400. They pulled on the belt, one boy on each side, until the belt broke. They should have hung them. at 1096, clearly indicated that an indigent defendant does not have a constitutional right to receive funds to hire his own expert. Appellant's argument centers around the concept that aggravating circumstances must be adequately defined for the jury. In point thirteen, appellant remarks that this Court has said that it can and should interpret the Texas Constitution in a more expansive manner than the federal constitution and cites us to several cases for this proposition. Medellin's DNA matched semen samples taken from Patricia's body. This is not to say, of course, that the indigent defendant has a constitutional right to choose a psychiatrist of his personal liking or to receive funds to hire his own. Testimony showed that Raul lasted through three of the members before briefly losing consciousness. Graveside services and interment followed in the St. Marys Catholic Cemetery. 81(b)(2). He married Dominga Arizola in 1945. Smith v. State, 898 S.W.2d 838 (Tex.Crim.App.) Thus, if in your judgment, a mitigating circumstance independently calls for a life sentence even though it also tends to support a yes answer to a Special Issue, you must not answer the Special Issue yes, but rather you should answer it no. [I]t is incumbent upon the defendant to show that in its operation the statute is unconstitutional as to him in his situation; that it may be unconstitutional as to others is not sufficient. Frustrated that he was unable to have his turn fighting Villareal, he told the gang members that he wanted to beat the man up. The third man was given 40 years in prison and is eligible for parole. The medical examiner later testified that this is how she could be sure as to the horrible brutality of the rapes, beatings and murders. For a rational jury to find that appellant was guilty only of murder, some evidence must exist in the record that appellant did not commit sexual assault, robbery, or kidnapping or did not kill during the commission of or in the immediate flight from committing any of these offenses. Cantu jumped out of the car and continued to run on foot, Hughes said. He said he was told repeatedly by Peter Cantu to "get some". denied, 507 U.S. 975, 113 S.Ct. He married. "I told him to stick it. We further held in Rey v. State, 897 S.W.2d 333, 337 (Tex.Crim.App.1995), that Ake applies to non-psychiatric experts like pathologists. 1029, 154 L.Ed.2d 931 (2003). Medellin and O'Brian each apologized prior to their respective executions, but Pena said he did not expect an apology from Cantu on his deathbed and he was not surprised when he did not get one. She was born February 8, 1918 to Dallas and Daisy Johnson. [WITNESS:] He just said, I did that, too. * that appellant threatened a woman and broke a window at her home; The second special issue submitted to the jury and of which appellant now complains reads in pertinent part as follows: See Tucker v. State, 771 S.W.2d 523, 535 n. 5 (Tex.Crim.App.1988), cert. The first of these two witnesses, Christina Cantu, testified about how the individuals appeared when they arrived at the house and she told the jury about behavior they engaged in while there. Petitioner filed application for certificate of appealability (COA). Neither party disputes that murder, sexual assault, robbery, and kidnapping are lesser included offenses of capital murder for purposes of the instant case. 22 posts. Pursuant to the jury's answers to the special issues set forth in Texas Code of Criminal Procedure art. Appellant was not entitled to an instruction on what evidence was mitigating or on what weight to give any mitigating evidence presented at trial. 13 of the Texas Constitution. After unsuccessfully appealing his conviction in state court and failing to obtain state post-conviction relief, Cantu filed a petition for habeas corpus in the United Stated District Court for the Southern District of Texas. 724, 735-36 (5th Cir.2005). The best result we found for your search is Peter Cantu age 70s in Austin, TX in the Gracywoods neighborhood. Appellant asserts in points twelve and thirteen that the Texas death penalty has been arbitrarily imposed and is unconstitutional because of the different capital sentencing schemes that have been in effect since the early 1970's. "The victims were so sympathetic and rightly so," said Robert Morrow, one of Cantu's trial lawyers. I suspect that it's something you will never ever forget if you never see these photos again, but if you want to see, if you want to start thinking about don't kill that child, don't kill that child, think about the two children in here that all you got left of them is right here. Texas Department of Criminal Justice - Executed Offenders (Cantu), Cantu, Peter Anthony This led to the discovery of the girls' bodies, which were rapidly decomposing in Houston's sweltering summer heat. As we stated in Robertson v. State, 871 S.W.2d 701, 711-12 (Tex.Crim.App.1993), cert. Specifically, appellant requested the following instructions: Point of error thirty-one is overruled. This murder was unsolved until after O'Brien was arrested for the murder of Jennifer Ertman and Elizabeth Pena. denied, 506 U.S. 942, 113 S.Ct. 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. Please submit missing details you may have. On June 24, 1993, the girls spent the day together and then died together. Specifically, appellant wanted to ask veniremembers if they could hold the State to the burden of proof of beyond a reasonable doubt. 155, 130 L.Ed.2d 94 (1994): Texas Execution Information Center by David Carson. Contrary to Cantu's argument, we have previously concluded that this language does not prevent the jury from considering relevant, mitigating evidence. The Supreme Court has also expressed approval of this method of instructing the jury concerning the consideration of mitigating evidence. Point of error twenty is overruled. Appellant alleges in point of error seven that the trial court reversibly erred in allowing the State to impeach defense witness Beatrice Martinez on a collateral matter. Four days after the murders, Christina Cantu convinced her husband to call the police. In this review, we do not attempt to determine what a particular jury subjectively believed. She testified that appellant was friendly to her and never mistreated or was disrespectful to her. His is . Any subsequent references to Articles are to those in the Texas Code of Criminal Procedure unless otherwise identified. "Im sure a lot of people will get closure from this because it affected a lot of people," said Pena, acknowledging the support his family and the Ertmans have received over the years. Sonnier v. State, 913 S.W.2d 511, 520-21 (Tex.Crim.App.1995); McFarland v. State, 928 S.W.2d 482 (Tex.Crim.App.1996). The district court, as did the state court, placed Cantu's first statement into the context of all the record evidence and determined that a rational jury would not have concluded that Cantu was guilty only of the lesser-included offenses. ), cert. They were forced to perform oral sex. Failure to make the required showing of either deficient performance or sufficient prejudice defeats the ineffectiveness claim. Strickland, 466 U.S. at 700, 104 S.Ct. Preceded in death by his parents, five brothers: Isidro, Ben, Jacinto, Tiofilo, and Pablo Cantu, four sisters: Janie Arguijo, Julia Flores, Frances Arguijo, Lupe Cantu, grandson: Matthew Cantu, four greatgrandchildren: Rosando Cantu, Emily Marquez, Jacob Benitez, Jasmine Cadena. Further, he asserts that there exists a reasonable probability that the result of the proceeding was affected by the graphic nature of the photographs. "Its good that they wont be forgotten," Frausto said. Regarding a sufficiency review of mitigating evidence, we declined in Colella v. State, 915 S.W.2d 834 (Tex.Crim.App.1995) to perform such a sufficiency review [b]ecause the weighing of mitigating evidence is a subjective determination undertaken by each individual juror. Colella, supra, , 915 S.W.2d at 845; Lawton, supra; Turro v. State, 867 S.W.2d 43, 47 (Tex.Crim.App.1993). denied, 501 U.S. 1259, 111 S.Ct. For the next hour or so, these beautiful, innocent young girls were subjected to the most brutal gang rapes that most of the investigating officers had ever encountered. It affected more than just Melissa and me and Randy and Sandy.". As the factfinder, the jury is free to determine which witnesses it finds to be credible and what evidence it deems to be believable. Michelle is 51 years old and was born on February 1971. ), cert. (Page 2) We have previously addressed and rejected constitutional challenges to prior Article 37.071(g) on numerous occasions. BCSO spokesman Roseanne Hughes. Cantu v. Quarterman, 341 Fed.Appx. Raul was an acquaintance of Efrain and was not known to the other gang members. Appellant argues, in essence, that the prosecutor misstated the law. She had been stabbed and slashed in the abdomen, throat and back and strangled. (Direct Appeal) Cantu walked in as the rest were recounting their exploits to his older brother and sister-in-law, Joe and Christina Cantu, in graphic detail. Bignall v. State, 887 S.W.2d 21, 24 (Tex.Crim.App.1994). However, we affirmed the original holding on appeal. Johnson, supra, at 135. Three of the animals who did this are gone, but you know it doesn't really make you feel any better," Pena said. They had spent the evening drinking beer and then "jumping in" Raul. Pete Cantu in Texas. Point of error twenty-four is overruled. of Criminal Justice) HUNTSVILLE, Texas (CBS/AP/KHOU) Tonight, Peter Anthony Cantu will be executed for two of the most notorious deaths in Houston. The Texas Court of Criminal Appeals affirmed the conviction and sentence in January 1997. We have previously addressed and rejected this contention. A State may legitimately conclude that evidence about the victim and about the impact of the murder on the victim's family is relevant to the jury's decision as to whether or not the death penalty should be imposed. Sam Millsap, a former Texas district attorney, weighs his spotless reputation against the life of Ruben Cantu, a potentially innocent man. Tex.R.App. 174, 130 L.Ed.2d 110 (1994); Penry v. Lynaugh, 492 U.S. 302, 109 S.Ct. Cantu allegedly bragged to friends and family about being the ringleader of the incident, and he paid for it with his life. Fitness Professional Online at Xecute Fit. "I don't mean this in a gruesome way, but if they want to make the death penalty a deterrent, up in front of (Houston) City Hall, they've got all these beautiful trees. BCSO spokesman Roseanne Hughes said deputies were serving a warrant in the area and noticed the BMW speeding away from the scene.