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. This Court recently applied the Ake standard as it relates to a defendant asserting an insanity defense and rejected the notion that a court's expert necessarily fulfills the role of a psychiatric assistant to the indigent accused envisioned by Ake. De Freece v. State, 848 S.W.2d 150, 159 (Tex.Crim.App. Cantu jumped out of the car and continued to run on foot, Hughes said. 381, 121 L.Ed.2d 292 (1992); Teague v. State, 864 S.W.2d 505, 519 (Tex.Crim.App.1993); Adanandus v. State, 866 S.W.2d 210, 234 (Tex.Crim.App.1993), cert. With the circumscribed nature of our review in mind, we now turn to the merits of Cantu's petition. Venancio Medellin, who was 14 at the time, was convicted of aggravated sexual assault and sentenced to 40 years in prison. Patrick Myatt . I love you too Pete, may you find peace wherever you are, finally you are free. Peter Anthony Cantu, 35, was executed by lethal injection on 17 August 2010 in Huntsville, Texas for the rape and murder of two teenage girls. THE COURT: Overruled. Hence, appellant's point of error thirty is overruled. "I think they should file some more charges," Cathy Lopez, Patricia Lopez's mother-in-law, said. Family and friends can send flowers and/or light a candle as a loving gesture for their loved one. Additionally, the district court denied a certificate of appealability (COA), sua sponte, on all of the issues raised by Cantu. Bignall v. State, 887 S.W.2d 21, 24 (Tex.Crim.App.1994).
See Photos. At this point, Roman and Frank Sandoval decided to leave. The totality of appellant's argument and authorities is as follows:
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. Cantu and Derrick OBrien were tried before their fellow gang members. FN4. 2253(c)(1). Work history: Acw Specialties Sheet Metal Worker. Pursuant to Tex. When the attackers were finished, the girls were taken deeper into the woods where, at Cantus urging, they were beaten, strangled and stomped to death. View Source Share Save to Suggest Edits Memorial Photos Flowers Memorials Region North America USA Texas Do we kill our children when you know they needed help, when you know they're a problem, when you know there are problems? Mr. Cantu is survived by his wife: Dominga Arizola Cantu of Luckenbach; six daughters, six sons and spouses: Frank and Estella Cantu, Tina and Martin Perez, Vincent and Benita Cantu all of Fredericksburg, Leandro and Sylvia Cantu of Llano, Martha and Julian Cantu of Stonewall, Abel and Jeraldine Cantu, Abelia Cantu of Fredericksburg, Porfie Cantu, of Austin, Oralia and Henry Sorola, Beatrice and Damian Rosa, Emma and Pastor Robert Garcia of Fredericksburg, Monroe and Rebecca Cantu of Montana; 41 grandchildren, 84 greatgrandchildren, five great-greatgrandchildren; three sistersin law: Tomasa Cantu, Andrea Cantu, Patrocina Cantu. [F]irst, the lesser included offense must be included within the proof necessary to establish the offense charged, and, second, some evidence must exist in the record that would permit a jury rationally to find that if the defendant is guilty, he is guilty only of the lesser offense. 1978, 131 L.Ed.2d 866 (1995). Do you think that if Mr. Ertman or Mr. Pena or Mrs. Ertman or Mrs. Pena had come on up on the scene and said to Peter and his gang don't kill that child, don't kill that child, would he have listened? 17. the Art. The State can talk all day long about what a horrible person he is and how these girls, those children. Those children suffered a brutal killing. (3) determination that petitioner was not denied effective assistance of counsel was reasonable.
Nevertheless, in light of Tex.R.App.Pro. They were spotted by the group, pulled off the tracks and taken into nearby woods where they were sexually assaulted. Furthermore, the father, who came upon the bloody scene after the perpetrators had fled, testified about how he had been affected by his son's death and about how he felt sorry for his daughters now. He was friendly and never met a stranger.
Robinson v. State, 851 S.W.2d 216, 232 (Tex.Crim.App.1991), cert. Eventually, all of the individuals who participated in the gang rape and murder were arrested and most of the jewelry was recovered, including some from Cantus bedroom. However, before she ventured into actual statements that appellant and/or his co-defendants made, the following occurred: [THE STATE:] Did someone else tell you what happened? 2213, 2223-24, 60 L.Ed.2d 777 (1979). Peter Anthony Cantu (AP Photo/Texas Dept. McFarland, 928 S.W.2d at 520. Because our analysis involves a review of the district court's resolution of Cantu's constitutional claims, we must take account of the deferential lens through which the district court evaluated those claims. Houston police researched older cases and found a possible match with the unsolved murder of Patricia Lourdes Lopez. Pete Cantu, age 41, passed away on Tuesday, February 15, 2022, in Orange Grove, Texas. 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. A woman claims these photos were taken by the person who allegedly stole her purse, which had her smart phone inside. Cantu first argues that the state trial court's refusal to inform the jury of Texas parole law violates the Fourteenth Amendment's Due Process Clause. Testimony showed that Raul lasted through three of the members before briefly losing consciousness. The district court determined that the state court's conclusion was not an unreasonable application of federal law. Jenny was strangled with the belt of Sean O'Brien, with two murderers pulling, one on each side, until the belt broke. Sign Up.
When the rapes finally ended, the horror was not over. We hold that the inclusion of the latter instruction satisfied the constitutional deficiency appellant avers was created by the inclusion of the intoxication instruction. 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. Part of the belt was left at the murder scene, the rest was found in O'Brien's home. Find Pete Cantu's phone number, address, and email on Spokeo, the leading people search directory for contact information and public records. We have already addressed this issue and decided it adversely to appellant's position. Co-Defendants: Four accomplices were charged with capital murder following their arrest: Derrick Sean O'Brien, Raul Villareal, Efrian Perez, and Jose Medellin. Cantu argues that the latter standard in Neal is too onerous; however, he made no such argument to the district court in his habeas petition. denied, 514 U.S. 1005, 115 S.Ct.
Loved ones left to cherish his memories are his daughter, Victoria Munguia; mother, Maria Olga Acuna; father, Jesus (Avela) Cantu, Jr. both of Orange Grove, Texas; siblings, Miguel Cantu (Richard Stanley) of San Antonio, Texas, Lisa (Ricardo) Lopez Jr., of San Antonio, Texas, Richard Acuna, Sara Acuna, and Stacey Acuna all of Orange Grove, Texas; step brothers and sister, Freddy Sanchez, Adam Sanchez, Daniel Sanchez, and Miguela Sanchez; grandmother, Margarita Acuna; and numerous nephews and nieces.
Among them was Melinda Rios, who said the girls had been at her home that night for a small party with her daughters.
His is .
Petitioner filed application for certificate of appealability (COA). denied, 516 U.S. 1021, 116 S.Ct. At trial, appellant's sister-in-law, Christina Cantu, and appellant's brother, Joe Cantu, both took the stand and testified that appellant and his co-defendants arrived at the Cantu house the night of the murders and freely talked, and even bragged, about the events of the evening. See Photos. Randy Ertman appeared on the local news that evening, screaming at the police officers who were struggling to hold him back, "Does she have blond hair? We object to the out of court statements of these co-defendants that we can't confront and cross examine. Subsequently, they all took turns stomping on both girls necks to make sure they were dead. Missing from the list this year are such veteran Forbes 400 members as Red McCombs ($1.25 billion) and T. Boone Pickens ($950 million). denied, 495 U.S. 940, 110 S.Ct. Cantu kicked Elizabeth in the face with his steel toe boots, knocking out several teeth, and he stepped on Jennifers neck until she stopped moving. Appellant's failure to request a special verdict form at trial bars him from now complaining on appeal under Almanza v. State, 686 S.W.2d 157 (Tex.Crim.App.1984), since no egregious harm to appellant has been shown. Johnson v. State, 604 S.W.2d 128, 135 (Tex.Crim.App.1980) (panel op.). ^ D'Alessandro, Anthony (January 22, 2022). Further, he asserts that there exists a reasonable probability that the result of the proceeding was affected by the graphic nature of the photographs. Furthermore, once the sentencer has found that the defendant is a member of the class made eligible for the death penalty, it may be given unbridled discretion in determining whether the death penalty should be imposed. He died in July 1980 at 66 years of age. Conversely, jury argument must be extreme or manifestly improper, or inject new and harmful facts into evidence to constitute reversible error. In this review, we do not attempt to determine what a particular jury subjectively believed. Meanwhile, Elizabeth Pena, 16, and Jennifer Ertman, 14, were spending the evening at the swimming pool at a friend's apartment. For the foregoing reasons, Cantu's application for a COA is DENIED. 724, 735-36 (5th Cir.2005). 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. Six months before Jenny and Elizabeth were murdered, three of their killers murdered another young woman, Patricia Lourdes Lopez. The families filed missing persons reports with the Houston Police Department and continued to look for the girls on their own. Zimmerman v. State, 860 S.W.2d 89 (Tex.Crim.App.1993).FN9 Points of error fifteen, sixteen and seventeen are overruled. FN11. 2187, 129 L.Ed.2d 133 (1994), to the circumstances in this case. It is clear that the excerpt from the letter was admissible to show the witness' strong bias in favor of appellant. It is not enough that the jury may disbelieve crucial evidence pertaining to the greater offense. Her family was present at his trial for the June murders. Ekstensive Metal Fabrication's 2016 Ford F-150 wasn't hammered "sold!" at Mecum Auctions' Houston event. The court overruled his objection. 22 posts. 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. Ertman will stand a few feet away, watching again through the window. 2630, 129 L.Ed.2d 750 (1994). "Theres nothing he would have said to me that would have made any difference," said Pena, who was wearing a white T-shirt with a photo of the two girls printed on the front.
Ayesha Gani. Both this Court in Hughes, 897 S.W.2d at 294, and the United States Supreme Court in Pulley v. Harris, 465 U.S. 37, 104 S.Ct.
Jose Medellin was executed in August 2008. Owner at Last Note Productions. The district court, in turn, evaluated the state court's conclusion that the arguments were proper under the due process standard. Mr. Pedro Cantu, Jr., 87, entered into the presence of his Heavenly Father on Saturday, June 9, 2018. Texas Metal is a reality TV program first debuted on 7th November 2018 on Velocity. 1127, 127 L.Ed.2d 435 (1994), in support of his argument that capital punishment is violative of the United States Constitution. The police were then able to find the badly decomposed remains of Ms. Ertman and Ms. Pena. BCSO spokesman Roseanne Hughes said deputies were serving a warrant in the area and noticed the BMW speeding away from the scene. Cantu v. Quarterman, No. 2950, 49 L.Ed.2d 929 (1976), except to incorporate the dictates of Penry v. Lynaugh, 492 U.S. 302, 109 S.Ct. Michelle is 51 years old and was born on February 1971. In his sixth point of error, appellant contends that the trial court erred in admitting the hearsay statements of appellant's co-defendants who incriminated him. The medical examiner later testified that this is how she could be sure as to the horrible brutality of the rapes, beatings and murders. Pete Cantu. Pedro Cantu III, 30, had been driving a BMW near Jenny and Villa Drives around 10:30 a.m. when police attempted to pull him over, according to the Sheriffs Office. Two members also have been executed and two others are serving life prison sentences.
"I told him to stick it. Id. Cantu strangled Pena with shoelaces. Tuilaepa v. California, 512 U.S. 967, 979-80, 114 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. However, nowhere does appellant tell us specifically which terms he alleges are inadequately defined in the special issues. Think about the ordeal of those two young girls right here. Visit Website. 71,557, slip op. On June 24, 1993, the girls spent the day together and then died together. The families also watched the executions of Jose Medellin and Derrick O'Brian in 2008 and 2006. We will address the points as they are presented to us. As we do not find the prosecutor's argument to be manifestly prejudicial or improper, we need not address appellant's contention that the nexus requirement is no longer valid given the enactment of Article 37.071, Section 2(e). 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. * * *
Jester, both busy streets. At 11:30 p.m., Jennifer and Elizabeth decided to head for Elizabeth's house where Jennifer would then call a taxicab to take her home. On June 24, 1993, Cantu and other members of the Black and White gang met to initiate a new member. Id. Point four likewise claims reversible error in denying him the right to question prospective jurors about their ability to consider the 35-year minimum calendar years he would have to serve on a life sentence before becoming parole eligible. THE COURT: Overruled. Raul Villareal, 17, was being initiated into the Black and White gang, led by Cantu, then 18. Any subsequent references to Articles are to those in the Texas Code of Criminal Procedure unless otherwise identified. We do not guarantee accuracy of information. 55 (5th Cir. The witness replied in the negative. 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. The victims' families attended the execution, but no one attended on his behalf. The gist of the State's argument is the defense did not have any evidence in its favor, which is a proper response to defense counsel's just-completed argument that the evidence was insufficient to convict appellant of capital murder.
"Randy and Sandy have been through enough theres nothing left for them to say," Stacey said. See Heitman v. State, 815 S.W.2d 681 (Tex.Crim.App.1991). (Citing Armstrong v. State, 718 S.W.2d 686, 697 (Tex.Crim.App.1985)). "Theres no way to ever get closure from this. 2/23/98 --- Cantu filed an application for state writ of habeas corpus. How they were mutilated, brutalized for perhaps as much as an hour. 74(f). At one point, Cantu kicked Ms. Pena in the face with his steel-toed boot. Jennifer Ertman and Elizabeth Pena were 14 and 16 years old, respectively. 6:00pm I was escorted along with four other media witnesses. This allegation was addressed and answered by the United States Supreme Court in Jurek v. Texas, 428 U.S. 262, 96 S.Ct.
In related point of error twenty, appellant contends that the trial court erred in not allowing him to question venirepersons regarding the burden of proof on the mitigation issue. 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. 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. We will not revisit the issue here.
There is no reason to treat such evidence differently than other relevant evidence is treated. denied, 492 U.S. 912, 109 S.Ct. For those who so desire you may make memorial contributions in his memory to the charity of your choice. You are further instructed that if there is any testimony before you in this case regarding the defendant's having committed offenses other than the offense alleged against him in the indictment, you cannot consider said testimony for any purpose unless you find and believe beyond a reasonable doubt that the defendant committed such other offenses, if any were committed, and even then you may only consider the same in determining the answers to the special issues. Jester Park. The record reveals that M. Pena was one of over thirty witnesses who testified at punishment, and her testimony before the jury comprised less than twenty pages out of over 700 pages of testimony at punishment. See also Morris v. State, 940 S.W.2d 610, 615 (Tex.Crim.App.1996). This article is the substantial equivalent to the pre-1991 Article 37.071(g) which we have previously held to be constitutional on numerous occasions. 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. Green v. State, 934 S.W.2d 92, 106, 107 (Tex.Crim.App.1996). 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 sufficient mitigating circumstance or circumstances to warrant that a sentence of life imprisonment rather than a death sentence be imposed. We decline to revisit this issue here. The break in solving the case came from, of course, the 911 call. On February 4, 2009, the district court denied habeas relief in a particularly thoughtful and thorough memorandum and order. Cantu v. State, 939 S.W.2d 627 (Tex.Crim.App.1997). If you decide that an aspect of the Defendant's character and record or circumstances of the crime is a mitigating circumstance, you must not give it aggravating effect. We noted, in Gaddis, supra, that counsel is allowed wide latitude in drawing inferences from the evidence so long as the inferences drawn are reasonable and offered in good faith. Pete Cantu in Texas(TX) found with records in 36 cities. The girls were still on the tracks when they encountered the group of boys. First, as the district court recognized, admitting such graphic photographs does not offend due process when the photographs are used to add illustration to testimony describing the details of the crime, as was done here. has been arrested for allegedly ramming his car into a Dollar General on the East Side, attempting to rob a nearby gas station and then returning to the Dollar General to rob the store a second time. Appellant's tenth and eleventh points of error are overruled. Appellant's argument in effect is that a jury should be instructed to consider only mitigating evidence when addressing this special issue. On June 24, 1993, the group was conducting a fight-filled initiation ceremony for a prospective member across from T.C. 1317, 131 L.Ed.2d 198 (1995). Hence, appellant's first and third requested charges set out above would have been misstatements of the law. However, the protesters in attendance did little more than annoy the families. 705 (1992). We first note that in reviewing the constitutionality of a statute, we must view the statute as applied to appellant only. Cantu had left his wallet at .
Both of these claims are governed by the familiar Strickland standard. We disagree. denied, 506 U.S. 999, 113 S.Ct. The inferences drawn by the prosecutor from the evidence were not so extreme or improper as to rise to the level of reversible error. Spare his life, please, ladies and gentlemen of the jury. To begin, we note that the only evidence that appellant specifically complains about on appeal is the testimony of Pena's mother at the punishment phase of trial. He has a whole business dedicated to handmade car interiors. Pete Cantu - Lubbock, Texas, United States | Professional Profile | LinkedIn View Pete Cantu's professional profile on LinkedIn. The prosecutor then asked Martinez if she had written the above cited letter to Perez, to which question she replied that she had. Your Honor, we object to the suggestion that there has to be a nexus between the mitigation and the returning of a verdict which would result in a life sentence. 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. FN3. 2. Appellant's specific complaint seems to be racial discrimination based on the race of the victim in that he notes that appellant is Hispanic and the named victim was white.
In related point of error thirty-one, appellant avers that the trial court erred in denying his requested charge informing the jury that he would receive a life sentence should they fail to agree on the answer to any one of the punishment issues.
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