pete cantu texas metal

"He's a guy who fully accepts his responsibility.". In this regard, this point is inadequately briefed and presents nothing for our review. Pete Cantu. "He did a horrendous crime to these two girls and he deserved to die. He objected that this evidence was not relevant to the special issues and was more prejudicial than probative. We disagree. * that appellant threatened another student's father, saying that he wanted to kill him; Frustrated that he was unable to have his turn fighting Villareal, he told the gang members that he wanted to beat the man up. [DEFENSE:] Excuse me, [prosecutor's name omitted]. Rousseau, 855 S.W.2d at 686-87; Felder, 848 S.W.2d at 101; Davis v. State, 782 S.W.2d 211, 221-22 (Tex.Crim.App.1989), cert. Henry Cantu Director: University of Texas at San Antonio College/University: 1 Utsa Cir, San Antonio, TX 78249 In making this comparison, the prosecution referred to the challenged photographs. 3047, 111 L.Ed.2d 511 (1990); Lawton v. State, 913 S.W.2d 542 (Tex.Crim.App.1995); McFarland, supra. The Forbes 400 net worth cut off this year was a record-high $2 billion. Section 2(f)(4) stated: In Ford v. State, 919 S.W.2d 107 (Tex.Crim.App.1996), we held that certain victim impact evidence was arguably relevant to the defendant's moral culpability contained within the third special issue that the jury was required to answer: Whether, taking into consideration all of the evidence, including the circumstances of the offense, the defendant's character and background, and the personal moral culpability of the defendant, there is a sufficient mitigating circumstance or circumstances to warrant that sentence of life imprisonment rather than a death sentence be imposed. The gang at the Texas company Ekstensive Metal Works build some of the most creative rides found anywhere. WOMACK, J., concurs in the result on points of error five and eight and joins in the remainder of the opinion. The Texas Court of Criminal Appeals affirmed Cantu's conviction in a direct appeal on January 29, 1997. (internal quotation marks omitted). 871, 79 L.Ed.2d 29 (1984), have held that such a review is not required under the Eighth or Fourteenth Amendments to the United States Constitution. 2052. Even if one disregards the evidence of extraneous offenses, the evidence remaining was sufficient to support the jury's affirmative finding as to the future dangerousness special issue.FN11 Appellant's points of error twenty-one and twenty-three are overruled. The girls were still on the tracks when they encountered the group of boys. However, as they passed Joe Medellin, he grabbed Elizabeth and dragged her down a hill as she screamed for help. Points of error one through four are overruled.FN3. Look at the evidence. 1115, 130 L.Ed.2d 1079 (1995); McFarland, supra. 315 Followers, 680 Following, 22 Posts - See Instagram photos and videos from Pedro Cantu (@pedro_cantu_97) pedro_cantu_97. Houston police researched older cases and found a possible match with the unsolved murder of Patricia Lourdes Lopez. Anderson v. State, 932 S.W.2d 502, 509 (Tex.Crim.App.1996). "It does make a little difference. And if you care to, you can see the result of this defendant's handy work again. Rule App. 680 following. Does she have blond hair?!!?" The inexplicable act of random predation struck a chord among city residents as few other cases. The class is further limited in that the death penalty cannot be imposed on an individual convicted of capital murder unless the jury answers the special issues in the manner described in Article 37.071, Section 1, Code of Criminal Procedure. * * * Based on all of this evidence, the state court determined that a reasonable jury would not acquit Cantu of capital murder and convict him of the lesser-included offenses. Appellant objected to the attack over Counsel's shoulder, which objection the trial court sustained. Texas presents the question of mitigating evidence to a jury through article 37.071, sections 2(e)(1) and 2(f)(4) of the Texas Code of Criminal Procedure. 2765, 129 L.Ed.2d 879 (1994); McCleskey v. Kemp, 481 U.S. 279, 107 S.Ct. 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. The crime was committed on or about June 24, 1993. With the circumscribed nature of our review in mind, we now turn to the merits of Cantu's petition. 2630, 2639, 129 L.Ed.2d 750 (1994). During its jury argument at punishment, the State did not even mention her testimony, much less emphasize it. Select the best result to find their address, phone number, relatives, and public records. Meanwhile, Elizabeth Pena, 16, and Jennifer Ertman, 14, were spending the evening at the swimming pool at a friend's apartment. The murder of the two girls, both students at Waltrip High School, became one of the most notorious crimes in modern Houston history. ), cert. Moore v. State, supra at 128, 128-09). Texas Rule of Criminal Evidence 610(b) provides: a witness may be cross-examined on any matter relevant to any issue in the case, including credibility. The trial court has discretion as to the extent of cross-examination of a witness for the showing of bias or as to credibility, and its decision is not subject to reversal on appeal absent a clear abuse of discretion. . I dissent to the majority's discussion in disposing of appellant's point of error number five regarding the nexus jury argument. To this day, Houstonians remember the girls' names and what happened to them. 1/29/97 -- The Texas Court of Criminal Appeals affirmed Cantus verdict and sentence. at 2609. Date Received: 03/18/94 Justice Blackmun's basic argument is that the capital sentencing procedures are unconstitutional because they are produced by paradoxical commands: allowing the jury to consider all types of relevant mitigating evidence, while, at the same time, requiring structured discretion in sentencing. Randy commandeered the news van and went to the scene that was now bustling with police activity. Jose Gonzalez, 52, was arrested March 2, 2014, when he tried to smuggle a sword cane in Bexar County Jail to visit his son, currently an inmate at the jail. Other cast members of the show are Spot and John. Pete will be remembered for his infectious laugh and loving personality. Even more than a decade later, the mention of their last names could generate disgust and fear, with many people remembering the vivid and gruesome details of the girls assault and death in the dark woods by White Oak Bayou. "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. 2187) (omission and alterations in original). 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. Finally and in the alternative, the district court determined that there was no reasonable probability of a different result had Cantu's counsel raised a due process objection to the photographs because other sources of evidence painted a vivid image of Cantu's brutality and otherwise amply supported a finding that Cantu committed capital murder. (Aug. 17, 2010, 10:41PM). 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. Pete will be remembered for his infectious laugh and loving personality. The price of the Beefy Crunch Burrito had gone up from 99 cents to $1.49 and. And in point four, appellant contends that the trial court erred by denying appellant the right to question jurors about their ability to consider the 35 calendar year condition on a life sentence. 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. 1997). Finally, Cantu contends that he received ineffective assistance because his trial counsel failed to object when the prosecution urged the jury to consider the graphic photographs in its sentencing-phase argument. This version went into effect September 1, 1991. Use Next and Previous buttons to navigate. 2658, 125 L.Ed.2d 290 (1993). 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. They had spent the evening drinking beer and then "jumping in" Raul. 36th murderer executed in U.S. in 2010 1224th murderer executed in U.S. since 1976 16th murderer executed in Texas in 2010 . at 688, 690, 104 S.Ct. denied, 513 U.S. 1157, 115 S.Ct. Additionally, in this case, I point out that appellant elicited testimony from an expert witness about studies indicating that the defendant who serves 35 calendar years in the Texas Department of Corrections before becoming parole eligible is less violent than the inmate who is paroled sooner; i.e. "Nah," Cantu replied. Point of error forty-four is overruled. In point three, appellant avers that the trial court erred in prohibiting him from introducing testimony that he would have to serve 35 calendar years before becoming parole eligible if sentenced to life imprisonment. The State then cross-examined this witness about several death row prisoners committing subsequent violent crimes, and two, including the infamous and notorious Kenneth McDuff, getting out on parole and committing murders. 3230, 106 L.Ed.2d 578 (1989). Tuilaepa v. California, 512 U.S. 967, 979-80, 114 S.Ct. Three of the animals who did this are gone, but you know it doesn't really make you feel any better," Pena said. ] (Emphasis added.). It's not a question of you killing this child. And finally, the prosecution closed by reiterating: We think about those girls every day. Jenny was strangled with the belt of Sean O'Brien, with two murderers pulling, one on each side, until the belt broke. 586, 130 L.Ed.2d 500 (1994). [WITNESS:] He just said, I did that, too. Mr. Pedro Cantu, Jr., 87, entered into the presence of his Heavenly Father on Saturday, June 9, 2018. denied, 510 U.S. 997, 114 S.Ct. The jury is not required to specifically identify what evidence it specifically uses to find that a fact is true beyond a reasonable doubt, and extraneous offenses should not be an exception to this. In Payne v. Tennessee, 501 U.S. 808, 111 S.Ct. A rational jury could not have concluded otherwise. Pete Cantu, 82. Well, this is a sanitized and civilized killing that we have for Peter Cantu. Log In. Jennifer Ertman and Elizabeth Pena were 14 and 16 years old, respectively. The third man was given 40 years in prison and is eligible for parole. Ertman was robbed of her rings, necklaces, and cash. Given the sparsity of the victim impact evidence, the fact that it was not mentioned by the State during arguments (appellant did briefly refer to this testimony during his punishment arguments), and the overwhelming focus during the punishment phase on appellant's behavior and the circumstances of the offense, we conclude the victim impact evidence made no contribution to punishment. Overstreet, J., filed concurring and dissenting opinion. Appellant's counsel responded, Not guilty, Your Honor. After the jury was brought in the next day, the State read the indictment in their presence. It is not enough that the jury may disbelieve crucial evidence pertaining to the greater offense. The individual breaking into the home punches the window, suffers a a vicious cut to the hand and runs off. On appeal, appellant claims that the entire testimony of Pena's mother was inadmissible at the punishment stage of trial. [WITNESS:] I did that. Therefore, the question in the instant case is whether the evidence presented was admissible under our capital sentencing scheme. Frank Sandoval and Venancio Medellin, 14, brothers of two of the gang members, were also present. Appellant bases his argument on several cases that stand for the proposition that an indictment must be read and a defendant's plea must be entered before a jury in order for the issue to be joined. 2934, 106 L.Ed.2d 256 (1989); Johnson v. Texas, 509 U.S. 350, 113 S.Ct. Our concern is that the indigent defendant have access to a competent psychiatrist for the purpose we have discussed, and as in the case of the provision of counsel we leave to the State the decision on how to implement this right. However, no such evidence exists. 2765, 129 L.Ed.2d 879 (1994). She's been a part of the famous Texas Metal cast since the beginning. 3230, 106 L.Ed.2d 578 (1989). Thus, reasonable jurists would not-and have not-disagreed with the district court's resolution of this claim, and we deny a COA as to this issue. In point of error eight, appellant asserts that the trial court erred in admitting victim impact evidence. Specifically, he avers that because the indictment only named Ertman, allowing victim impact evidence (or any other evidence) regarding Pena was error. Peter Cantu, on Death Row since 1994, executed by the State of Texas on 17 th August 2010. Zimmerman v. State, 881 S.W.2d 360 (Tex.Crim.App. By the time the bodies were discovered, they were so badly decomposed that dental records were required to identify them. The district court noted that the prosecution was seeking to counteract Cantu's mitigating evidence by bringing attention to the victims and comparing the legal process by which Cantu might receive a death penalty to the brutality of the murders committed by Cantu. Pursuant to Tex. 2556, 135 L.Ed.2d 1074 (1996). "I was the last parent to have seen them," she said. 2458, 104 L.Ed.2d 1013 (1989); Harris v. State, 827 S.W.2d 949, 962 (Tex.Crim.App. In the portion of the prosecution's argument that Cantu challenges, the prosecution stated: Lived In Las . 385, 133 L.Ed.2d 307 (1995); Broxton v. State, 909 S.W.2d 912 (Tex.Crim.App.1995); Sonnier v. State, 913 S.W.2d 511 (Tex.Crim.App.1995). The Court opined that victim impact evidence is designed to show the victim's uniqueness as a human being and the state has 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 his family. Payne, 501 U.S. at 825, 111 S.Ct. In lieu of flowers, donations can be made to the Texas Scottish Rite Hospital for Children or the charity of your choice. However, this holding was subsequently rejected by the Seventh Circuit. While this standard may be met if the evidence would permit a finding contrary to that establishing Cantu's participation in the actual murders, see Aguilar, 428 F.3d at 531, our 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, Campbell v. Dretke, 117 Fed.Appx. Later that night, Perez, Villareal, and Jose Medellin met at the house where Cantu lived with his older brother and sister-in-law, Joe and Christina Cantu. Pallbearers: Anthony Cantu, Fidercio Cantu, Leon Perez, Gary Sorola, Jason Cantu, Adam Cantu, Joshua Cantu. They then used Ertman's shoelaces to finish strangling her. In response to her friend's cries, Jennifer ran back to help, but appellant grabbed her and dragged her down the hill as well. Michael A. Cantu is the morning News Now reporter for KCBD NewsChannel 11. 563, 126 L.Ed.2d 463 (1993); Boyd v. State, 811 S.W.2d 105 (Tex.Crim.App.1991). ", Randy and Sandra Ertman did not speak to the press. Think about the ordeal of those two young girls right here. See Tucker v. State, 771 S.W.2d 523, 533-34 (Tex.Crim.App.1988), cert. In his petition for COA, Cantu argues that admitting the photographs violated due process-and, therefore, his counsel was ineffective-because the prejudicial effect of the photos greatly outweighed their probative value. 2052. That's what they're doing; they're arguing nothing. The second best result is Peter Cantu age 30s in San Antonio, TX in the Park Village neighborhood. We have already decided these issues adversely to appellant. As in guilt/innocence, the State is required to prove each element of the punishment issues beyond a reasonable doubt. We therefore deny a COA on this issue. Ertman got away, but Medellin grabbed Pena and dragged her down off the hill. Date of Birth: 05/27/75 Cantu v. Quarterman, No. Instagram Contact Us Check out some new shirts! FN7. Point of error thirteen is overruled. Notwithstanding this, the Ake Court, 470 U.S. at 83, 105 S.Ct. See Penry v. Johnson, 532 U.S. 782, 803, 121 S.Ct. In his thirty-second point of error, appellant alleges that the second special issue on punishment is facially unconstitutional in violation of the United States Supreme Court decision of Tison v. Arizona, 481 U.S. 137, 107 S.Ct. Finding no reversible error, we affirm the judgment of the trial court. In fact, by the very language of the statute, it requires a jury to consider all of the evidence. In fact, while Rousseau actually addressed the pre-1991 version of the statute, we noted that the Interpretive Commentary to the revised 1991 statute, under which appellant was tried in the instant case, stated that the revisions foreclosed the potential for a challenge to the statute based upon Mills v. Maryland, 486 U.S. 367, 108 S.Ct. Shoelaces were used to strangle Pena. Pete enjoyed being outdoors, working with his hands, welding, carpentry, gardening and spending time with his dog Emma. For instance, a special instruction is not mandated under our law requiring a jury to affirmatively answer whether they believed witness A, but not witness B. "I had no idea they would be coming to this." "Randy and Sandy have been through enough theres nothing left for them to say," Stacey said. Appellant argues that the phrase or anticipated that a human life would be taken renders Article 37.071 2(b)(2) unconstitutional because the phrase lacks the required culpability. We first note that in reviewing the constitutionality of a statute, we must view the statute as applied to appellant only. "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. Even if we assume that the prosecutor's statement was an improper comment, we conclude it was not so egregious that it was not cured by the instruction given to the jury to disregard it. Associated Phone Numbers. "I think about them. Finally and in the alternative, the district court noted that Cantu was not prejudiced by his counsel's failure to object because of the significant amount of punishment-phase evidence demonstrating Cantu's violence and the slim chance of his rehabilitation. FN4. FN1. Situando a esta Expressions of sympathy may be sent at www.schaetter.com. denied, 513 U.S. 861, 115 S.Ct. In his twenty-fifth point of error, appellant complains that the death penalty statute is unconstitutional as applied to him in that it failed to narrow the sentencer's discretion as a result of the deletion of the deliberateness issue. 869, 71 L.Ed.2d 1 (1982) and Lockett v. Ohio, 438 U.S. 586, 98 S.Ct. Section 2(e) was added to address Penry v. Lynaugh, 492 U.S. 302, 109 S.Ct. Pete Cantu in Texas We found 49 records for Pete Cantu in Edinburg, Austin and 36 other cities in Texas. Christina subsequently convinced her husband to report the incident to the police. to the family or plant a tree Viva Cristo Rey! Cantu showed little emotion at his conviction and death sentence and had no reaction when Randy Ertman, Jennifers father, was allowed to make a victim impact statement at the end of the trial. 1339, 127 L.Ed.2d 687 (1994), Nelson v. State, 864 S.W.2d 496, 498 (Tex.Crim.App.1993), cert. "They are still behind us. Thus, he contends, evidence of intoxication which did not rise to this level was precluded from being afforded mitigating effect in violation of Eddings v. Oklahoma, 455 U.S. 104, 102 S.Ct. One of the boys boasted of having 'virgin blood' on him. He was born on June 9, 1980, in Stephenville, Texas to Jesus Cantu, Jr. and Maria Acuna. Are you going to kill him, because as we told you on voir dire he has a life sentence as soon as you found him guilty. In his thirty-fourth point of error, appellant complains that neither he nor his trial counsel was given the opportunity to enter a plea of not guilty to the jury; thus, he contends, his conviction is void ab initio. See, Broxton v. State, 909 S.W.2d 912, 923 n. 3 (Tex.Cr.App.1995) (Overstreet, J., dissenting). However, when requesting a running objection, appellant asked for a running objection to all these hearsay statements. Appellant's objections encompass complaints under both the Texas Rules of Criminal Evidence governing the admission of hearsay statements and the Confrontation Clause of the United States Constitution. 8/11/09 -- The federal appeals court affirmed the denial of certificate of appealability. For the foregoing reasons, Cantu's application for a COA is DENIED. Hence, any error will only be reversible if it was so egregious and created such harm that appellant did not have a fair and impartial trial. Part of the belt was left at the murder scene, the rest was found in O'Brien's home.

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