Prior to his execution, O'Brien expressed his regrets for his actions to the families of Pea and Ertman. In closing arguments, trial counsel encouraged the jury to find that Officer Swainson manufactured Cantu's second statement. Cantu then directed the gang to bring the girls into the woods. 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[.]" Four days after the murders, the girls' bodies were found in the park during hot weather conditions. Vol. Vol. The AEDPA requires federal deference to both legal determinations and fact findings made by state courts. Governor Rick Perry argued that Texas is not bound to World Court rulings. Tr. WebOn June 24th 1993 a pair of teenage girls were walking through a public park in Houston,Texas when they were viciously assaulted by a local youth gang. Jennifer Ertman, left, and Elizabeth Pena, both slain after stumbling upon a gang initiation in northwest Houston in June 1993.. Houston Chronicle. . Vol. 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. The state habeas court rejected each of his complaints. Federal precedent and Teague's non-retroactivity provision preclude relief on Cantu's first six grounds for relief. 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. 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. Entry No. [7] Before the murders, Houston officials had stated that gangs were not a significant issue in the city. So I know that this is a trivial side point. 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. Venancio received a 40-year prison sentence. See Thacker, 396 F.3d at 617-18; Elizade v. Dretke, 362 F.3d 323, 332-33 (5th Cir. "[I]t is not enough that an item of evidence viewed alone and unweighed against all the evidence supports" a lesser-included-offense instruction. "[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." State Habeas Record at 259-60. 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. The Texas Legislature's renovation of its capital punishment scheme in the wake of Furman did not include a specific vehicle for the consideration of mitigating evidence. 2001). 2254(d)(1). Peter Cantu then returned, and divided valuables that had been stolen from the girls. At trial, Officer Swainson testified that, "[b]ased on the statements that [they] had obtained, it appeared as if maybe there was a possibility [Cantu] didn't reveal his total involvement." 2254(d)(1). See id. The state habeas court concluded that the prosecutor's statements were not "extreme or manifestly improper or inject[ed] new and harmful facts into the trial, in light of the record as a whole." Jennifer Ertman and Elizabeth Pena were 14 and 16 years old, respectively. 403 because "the photographs are inflammatory, they're highly prejudicial, they're unnecessary for the State to prove its case, and their prejudice far outweighs any probative value." Khi u khim tn t mt cng ty dc phm nh nm 1947, hin nay, Umeken nghin cu, pht trin v sn xut hn 150 thc phm b sung sc khe. TOP 0.5% June 8, 2021 The most difficult episode of Clueston. 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). Cordova v. Lynaugh, 838 F.2d 764, 767 (5th Cir. R. APP. art. art. 1992). See Franklin, 487 U.S. at 179. (Doc. A reviewing court must eschew "a contorted and irrational view of the evidence[.]" 21 at 307-08. The State used substantially the same language when prosecuting O'Brien for his role in the Ertman/Pena murders. Under Texas state law, "proper jury argument must fall within one of the following categories: (1) summary of the evidence; (2) reasonable deduction from the evidence; (3) in response to argument of opposing counsel; and (4) plea for law enforcement." 21 at 294, Vol. 21 at 223-24. The AEDPA gives statutory effect to traditional limits on habeas review. Vol. Ertman could have easily run to escape at this point, but ran to help her friend. The prosecutor then continued describing in grisly detail how Cantu participated in killing the girls, culminating in the statement: "He is not a child, he [has] made choices. Tr. WebOn June 24, 1993, Elizabeth Pena and Jennifer Ertman from Houston, Texas were raped and murdered. Vol. Tr. This case is ripe for adjudication. As noted above, the jury had before it a sufficient vehicle which would allow full and complete consideration of Cantu's mitigating evidence. Entry No. (Doc. Tr. After several gang members fought Villareal, the group started drinking. The punishment phase evidence showed Cantu to be a violent young man, though the murders were of previosuly unknown level of violence. 2003) (citing Moore v. Johnson, 194 F.3d 586, 612 (5th Cir. When the police questioned 'Gonzalez', he said that he had made the original call at his 16 year-old wife's urging. Vol. 24 at 860. Kansas v. Marsh, 548 U.S. 163, 174 (2006). 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. Compare TEX. Marsh, 548 U.S. at 174. Vi i ng nhn vin gm cc nh nghin cu c bng tin s trong ngnh dc phm, dinh dng cng cc lnh vc lin quan, Umeken dn u trong vic nghin cu li ch sc khe ca m, cc loi tho mc, vitamin v khong cht da trn nn tng ca y hc phng ng truyn thng. The state habeas court held that the photographs were "relevant concerning the [two girls'] injuries and their deaths." Texas inmates have offered various arguments in trying to apply Simmons to Texas' former capital procedure. 2 at 30.) "[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." The State concluded its case by publishing the second statement to the jury. See Richardson v. Marsh, 481 U.S. 200, 211 (1987) ("[J]uries are presumed to follow their instructions[.]"). I have voted for him as Governor and President without regret. The Fifth Circuit's interpretation of the Beck standard does not look at the evidence in a selective manner; "[t]he issue here is whether a rational juror, given all the facts, could have acquitted [a petitioner] of capital murder and convicted him of a lesser included offense." One of the boys boasted of having 'virgin blood' on him. Jos Medelln got a ring with an "E", so he could give it to his girlfriend, Esther. 2005); O'Brien v. Dretke, 4:02-CV-1865 (S.D. He is not an eighteen year old child that didn't know what he was doing." . Medelln gave both written and taped confessions. Posted on 10/09/2007 7:44:26 AM PDT by beaversmom. WebThe State of Texas charged Cantu with the capital murder of Jennifer Ertman during a kidnapping, robbery, or aggravated sexual assault. In rejecting similar claims, the Fifth Circuit has emphasized that Texas courts interpret the statute broadly, holding that "all mitigating evidence can be given effect" under the definition. 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". Whenever I see a post about it online, I always get this wave of negative emotions dumped over me. WebJennifer Ertman and Elizabeth Pea were two best friends who, in 1993, were raped and murdered by a gang as they walked home from a pool party. Happy Halloween! Xin cm n qu v quan tm n cng ty chng ti. When Peter Cantu saw Jenny and Elizabeth, he thought it was a man and a woman and told the other gang members that he wanted to jump him and beat him up. 2254(e)(1). On June 24, 1993, the girls spent the day together.and then died together. 24 at 854. PROC. 21 at 116-11. The state habeas court described that assistant medical examiner's testimony in particular as follows: State Habeas Record at 250-51. The families of both Ertman and Pea strongly favored the execution(s). Vol. The gang members all said that they "had to kill" the girls. See Horn, 536 U.S. at 272 (relying on Teague v. Lane, 489 U.S. 288 (1989)). I cant even imagine those poor girls. It's satisfying to read that the death penalty was actually carried out on this pack of vermin. All those believed responsible were ultimately arrested. Respondent's argument finds some support in Supreme Court precedent. In 2005, Texas revised its capital sentencing statute. 2003); Medellin v. Cockrell, No. Vol. Under Respondent's reasoning, the separation of the conviction and sentencing decisions in Texas' capital punishment scheme diffuse the core concern of Beck: that a jury will impose a death sentence fearing that they would free a man guilty of a lesser crime. FED. Gathers, 490 U.S. at 818. 2. 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 The Court must decide whether "there is a reasonable likelihood that the jury has applied the challenged instruction in a way that prevents the consideration of constitutionally relevant evidence." 28 at 693-95. May the souls of these poor girls rest in peace in Gods loving arms, and may the monsters who did this be subject to the most vicious and painful torture that hell has to offer. Create an account to follow your favorite communities and start taking part in conversations. Well I better stay speechless because whats going through my head would get me banned. This Court cannot issue the writ unless the error "ha[d] a `substantial and injurious effect or influence in determining the jury's verdict.'" Here, Cantu's attorneys argued that, if he were to receive a death sentence, he, like the victims, would be killed. The teenagers congregated near a railroad trestle to "fight in" Villareal. Cantu was again informed of and waived his rights. Cantu's Beck claim depends on the jury believing that his first statement represented the only valid account of the crime, to the exclusion of his second statement and all additional trial testimony. 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