2. Point of error twenty-nine is overruled.
2. the calculated nature of the defendant's acts;
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. He was booked into the Guadalupe County Jail for theft of a vehicle and evading arrest, along with a separate charge of possession of a controlled substance.
Texas Metal - Full Cast & Crew - TV Guide 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. 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?
Thus, no egregious harm, if any harm at all, can be established.
In 1946, Pete initially started as a messenger boy for Western Union. Randy commandeered the news van and went to the scene that was now bustling with police activity. Evid. It's not lost on him that Cantu has lived in prison longer than Jennifer and Elizabeth were alive. Cantu seeks a COA on five issues: (1) whether due process requires the state trial court to inform the jury that, if sentenced to life in prison instead of death, Cantu would be eligible for parole after thirty-five years; (2) whether the district court's determination not to instruct the jury on lesser-included offenses violated the Eighth Amendment; (3) whether the way Texas places mitigating evidence before the jury violates the Eighth Amendment; FN1 (4) whether Cantu was rendered ineffective assistance of counsel because his trial counsel did not object on due process grounds to the trial court's admitting photographs that depicted the victims' bodies and the crime scene; and (5) whether Cantu was rendered ineffective assistance because his trial counsel did not object to the prosecution's sentencing-phase argument urging the jury to consider those photographs. Instead, jurors must individually determine what evidence, if any, mitigates against the imposition of the death penalty and what weight, if any, to give that evidence in its consideration. FN6. Eduardo Munoz, 20, is accused of robbing the same store four times Dec. 14 and one the fifth attempt he was arrested. Jose Medellin was executed in August 2008. The totality of appellant's argument and authorities is as follows:
102 East 50th Lubbock TX 79404. Shoelaces were used to strangle Pena.
On February 4, 2009, the district court denied habeas relief in a particularly thoughtful and thorough memorandum and order. Her body, nude from the waist down, was found by police on January 4, 1993 with her blood-soaked clothing strewn about her. [THE STATE:] Who said we had to kill them? Five French citizens were arrested at the Bexar County Courthouse after a silent alarm alerted authorities at about 1 a.m. that someone was using one of the historic building's fire escapes. [APPELLANT:] Excuse me, ma'am.
The medical examiner stated that Patricia was probably on her knees in front of her murderer when she was stabbed, based on the angle of the wounds. 400, 413-14 (5th Cir.2006); O'Brien v. Dretke, 156 Fed.Appx. The victims' families attended the execution, but no one attended on his behalf. 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. M. Pena explained to the jury the events surrounding her daughter's disappearance and the family's effort to find her. The murders of Elizabeth Pena and Jennifer Ertman affected Houston deeply. 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.
Factor Tejano: Erika Rene (Tu Chaparrita) 2023 We find no constitutional infirmity as the mitigation special issue was enacted by the Legislature to address the concerns of the Supreme Court as stated in Penry v. Lynaugh, supra. People named Pete Cantu. While he generally discusses each special issue, he never argues or provides authority as to why this makes the statute's operation unconstitutional as applied to him. Appellant alleges in point thirty-three that the death penalty as presently administered in Texas is cruel and unusual punishment in violation of the Eighth and Fourteenth Amendments to the United States Constitution and Article I, 13 of the Texas Constitution. * that appellant threatened to kill an officer of the law; and
The sixth was convicted as a juvenile and is serving a 40-year prison term. Think about the ordeal of those two young girls right here. 2113, 147 L.Ed.2d 125 (2000) (emphasis added). We will not revisit the issue here. "It does make a little difference. For 24 years, Metal Depot has been serving Southeast Texas with the best quality metal materials for commercial, industrial, and residential needs. The Bexar County Sheriff's Office released surveillance video of an attempted burglary on the Northwest Side on May 24, 2016. "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. "Put it this way: I wish my daughter could have died the way he died today. 74(f). Intoxication means disturbance of mental or physical capacity resulting from the introduction of any substance into the body. 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. Expressions of sympathy may be sent at www.schaetter.com. Occupation: Laborer
Several witnesses testified appellant had a history of violent behavior and offenses.
Pete Cantu's Instagram, Twitter & Facebook on IDCrawl denied, 492 U.S. 912, 109 S.Ct.
Pedro "Pete" Cantu, Jr. | Obituaries | livingstonparishnews.com
"He deserved to die, and 17 years later he died. He specifically states that the Texas death penalty is unconstitutional under the Eighth Amendment, the Equal Protection Clause of the Fourteenth Amendment, and Article 1, Section 13 of the Texas Constitution. This argument has been addressed and rejected by both this Court and the United States Supreme Court and we will not revisit it here. In the portion of the prosecution's argument that Cantu challenges, the prosecution stated:
He had problems, he was sick, he is sick. She screamed. * that appellant threatened another student's father, saying that he wanted to kill him;
Proc.
Zimmerman v. State, 860 S.W.2d 89 (Tex.Crim.App.1993).FN9 Points of error fifteen, sixteen and seventeen are overruled. Evidence at trial also tended to show appellant was the leader of the gang that committed this crime, and this evidence rebutted any implication he acted under duress or the domination of another at the time of the offense. at 1096, clearly indicated that an indigent defendant does not have a constitutional right to receive funds to hire his own expert. Because we have this procedure set up, do we kill our children? Now [defense counsel], I don't blame him. He told Venancio to stay behind, saying he was "too little to watch." Furthermore, our statutory scheme has not radically changed from the version upheld in Jurek v. Texas, 428 U.S. 262, 96 S.Ct. Make a life-giving gesture
Pete Cantu - Facebook He was not eligible for the death penalty because of his age, and he did not participate in the murders. Jester, both busy streets. "They left my house and they were supposed to go home," Rios said. 1860, 100 L.Ed.2d 384 (1988), which is precisely the case appellant uses as his authority. 801(e)(2)(B), as appellant, by his actions and responses, readily agreed with them. "I had no idea they would be coming to this." Appellant, along with his co-defendants, brutally raped, strangled, and stomped the two girls to death. ] (emphasis added). FN1. We may issue a COA only if the petitioner makes a substantial showing of the denial of a constitutional right. Id. Pena, however is not the victim for whose death appellant has been indicted and tried, and Payne does not contemplate admission of such evidence as permissible under the Eighth Amendment. (The execution) doesnt really make me feel any better, knowing that there are three guys that got away with this. art. Joe Cantu then placed an anonymous call to the Houston Police Department's "Crimestoppers" tip line. Cold, cruel, inhuman, and yet he has his attorney saying don't kill the child. * * *
Appellant did not object to the inclusion of this instruction in the charge. At T.C.
At the time of Cantu's trial, 2(e)(1) stated: The court shall instruct the jury that if the jury returns an affirmative finding to each issue submitted under Subsection (b), it shall answer the following issue: 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 a sentence of life imprisonment rather than a death sentence be imposed. Cantu had left his wallet at . 2023 Holmgreen Mortuary. Ertman rejected an invitation from Cantu's lawyer to come to his office and read a letter of apology from Cantu. The court, the attorney representing the state, the defendant, or the defendant's counsel may not inform a juror or a prospective juror of the effect of a failure of a jury to agree on issues submitted under Subsection (c) or (e) of this article. Yeah, yeah, I remember that. See, e.g., Thacker v. Dretke, 396 F.3d 607, 617 (5th Cir.2005); Elizalde v. Dretke, 362 F.3d 323, 332-33 (5th Cir.2004); Woods v. Cockrell, 307 F.3d 353, 361 (5th Cir.2002). Now, Cantu seeks a COA on five of the issues he raised below. Ertman made the drive here four years ago for the first execution. For the foregoing reasons, Cantu's application for a COA is DENIED. Graveside services and interment followed in the St. Marys Catholic Cemetery. 270, 277 (5th Cir.2007); Jackson v. Dretke, 181 Fed.Appx. 3. the forethought and deliberateness exhibited by the crime's execution;
Venancio Medellin, who was 14 at the time, was convicted of aggravated sexual assault and sentenced to 40 years in prison. After they finished laughing and stuff, and I said-I don't remember who said it but one of them asked, I think it was my husband, I'm not sure, said, well, what happened to them, and they said, we had to kill them. Viva Cristo Rey! 2765, 129 L.Ed.2d 879 (1994). A brief summary of the facts will be helpful. Pleasanton Express Staff 284, 126 L.Ed.2d 234 (1993). He raped Jennifer and was later sentenced to 40 years for aggravated sexual assault, which was the maximum sentence for a juvenile. The records clearly show that such jury argument was not a summation of the evidence, a reasonable deduction from the evidence, an answer to opposing counsel's jury argument, nor a plea for law enforcement. Narvaiz v. State, 840 S.W.2d 415, 431 (Tex.Crim.App.1992), cert. In points of error twenty-one and twenty-two, appellant challenges the sufficiency of the evidence to support the jury's answers to the issues on future dangerousness and mitigation. Owner at Last Note Productions.
Both expressed regret for their role in the killings. Contrary to Cantu's argument, we have previously concluded that this language does not prevent the jury from considering relevant, mitigating evidence. In 1994, a Texas jury convicted Peter Cantu of capital murder and sentenced him to death for the murder of Jennifer Ertman. (Habeas). ), cert. The initiation involved fighting each member of the gang for a five- to ten- minute period. Well, this is a sanitized and civilized killing that we have for Peter Cantu. Appellant avers in his thirty-sixth point of error that the trial court violated his rights under the Eighth and Fourteenth Amendments by submitting an instruction concerning intoxication during the sentencing phase. The gang continued drinking and 'shooting the breeze' for some time and then decided to leave. His is . Mr. Pedro Pete Cantu of Luckenbach, Texas passed away on Friday, January 31st, 2014 in the Hill Country Memorial Hospital in Fredericksburg, Texas at the age of 89 years. The initiation involved fighting each member of the gang for a five to ten minute period. Just prior to that statement, the prosecution set up its argument by asserting that [t]he State has brought to you a lot of evidence to show you what this defendant is like, who he really is. The district court, in turn, evaluated the state court's conclusion that the arguments were proper under the due process standard. As such, we hold that our capital murder scheme does not amount to cruel and unusual punishment in violation of the Eighth and Fourteenth Amendments. Munoz allegedly stole more than 100 beers, along with cigarettes and rolling paper at a Valero Corner Store in the 1200 block of Probandt Street, according to an arrest warrant affidavit. We have previously addressed and rejected constitutional challenges to prior Article 37.071(g) on numerous occasions. Barnes, 876 S.W.2d at 322. Application denied. Pete Cantu, age 41, passed away on Tuesday, February 15, 2022, in Orange Grove, Texas. Browse our site for information and then call one of our three retail locations below for answers to your questions or for pricing information and quotes on your projects. Both wree sexually assaulted by the gang members, beaten, and strangled.
Find Pete Cantu's phone number, address, and email on Spokeo, the leading people search directory for contact information and public records. 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. For the following reasons, we deny a certificate of appealability on all of the issues that he raises. Any facial unconstitutionality inhering in Article 37.071 2(b)(2) did not affect appellant. The State did not directly or indirectly accuse counsel of suborning perjury or manufacturing evidence, as appellant claims in his brief.
Houston police researched older cases and found a possible match with the unsolved murder of Patricia Lourdes Lopez. THE COURT: Yes, sir. Id. 74(f). Appellant adopts Justice Blackmun's arguments in his dissenting opinion on the denial of certiorari in Callins v. Collins, 510 U.S. 1141, 114 S.Ct. Additionally, given the plain language of Article 37.071 Section 2(e), as well as our holdings in the cases cited above, we find no bad faith on the part of the prosecutor, nor do we find evidence of an intent, given the entire record of final arguments, on the part of the State to deny appellant a fair and impartial trial. Look at the evidence. The subsequent boastful statements of the remaining gang members revealed that what then ensued was a brutal gang rape of both girls. He remains in custody as of this writing. 2950, 49 L.Ed.2d 929 (1976), except to incorporate the dictates of Penry v. Lynaugh, 492 U.S. 302, 109 S.Ct. His proposal is based upon a similar study undertaken in Illinois in which an expert found that jurors did not understand the Illinois punishment statutes. Failure To Raise A Due Process Objection To Photographs, Cantu's first claim centers on his trial counsel's failure to raise a due process objection to the admissibility of victim and crime-scene photographs that depicted the gruesome results of Cantu's and his cohorts' conduct. On the night of June 24, 1993, this gang met to initiate a new member, Raul Villareal. Frustrated that he was unable to have his turn fighting Villareal, he told the gang members that he wanted to beat the man up. Ertman tried to help. On the night of 24 June 1993, a group of teenage boys gathered at T.C. denied, 510 U.S. 1215, 114 S.Ct.
Ex-gang leader executed for '93 deaths of 2 Houston girls - Chron He was on probation for assault in connection with an incident at the Astrodome parking lot in which he threatened another youth with a knife. Texas Execution Information Center by David Carson. Pete Cantu in Texas We found 49 records for Pete Cantu in Edinburg, Austin and 36 other cities in Texas. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Our Hometown Re-roof permit no change in pitch deck or tile roof to comply w/udc and irc codes.
Cantu Roofing, San Antonio, TX - Roofing Contractor Profile - Homeflock Prior to the trial's opening statements, appellant objected that any testimony regarding the kidnapping, robbery, sexual assault, or murder of Pena constituted evidence of extraneous offenses. In his tenth point of error, appellant contends that the trial court erred in denying appellant's request for expert assistance to challenge the constitutionality of the special issues at the punishment phase. At this point, the Sandoval brothers decided that it was time to leave. All of his subsequent appeals in state and federal court were denied. 37.071 2(b) and 2(e), the trial judge sentenced appellant to death.FN2 Article 37.071 2(g). The individual breaking into the home punches the window, suffers a a vicious cut to the hand and runs off. The law as to mitigation and otherwise comes from the jury charge rather than from argument of counsel. Point of error thirteen is overruled. 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. The court overruled his objection. "He has matured remarkably," said Robin Norris, his appeals lawyer.
In light of the record as a whole, the error in precluding the jury from being informed about the parole ineligibility provision was no doubt harmless. 3047, 111 L.Ed.2d 511 (1990); Lawton v. State, 913 S.W.2d 542 (Tex.Crim.App.1995); McFarland, supra.
Pete Cantu in San Antonio, Texas | Phone Number, Email, Address - Spokeo 680 following. Does it justify it?
Texas Metal (TV Series 2017-2021) - Full Cast & Crew - IMDb
That said, we resolve any doubts as to whether a COA should issue in the petitioner's favor when the death penalty is involved.
Jester Park in Houston to participate in a gang initiation ritual. Nine minutes later, he was dead. 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. 1029, 154 L.Ed.2d 931 (2003). shall consider mitigating evidence to be evidence that a juror might regard as reducing the defendant's moral blameworthiness. (2) determination that refusal to instruct jury on lesser-included offenses did not violate Eighth Amendment was reasonable; and
And if you care to, you can see the result of this defendant's handy work again. Other than reurging his assertion that his trial counsel rendered ineffective assistance for failing to object to the prosecution's argument, Cantu raises no additional argument in his petition for COA. at 826-28, 111 S.Ct. 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. Under Strickland v. Washington, Cantu must show: (1) that his trial counsel's performance was deficient; and (2) that the deficient performance prejudiced him. The gang members ran and grabbed Elizabeth and pulled her down the incline, off of the tracks. We know that Pete Cantu had been residing in El Cerrito, Contra Costa County, California 94530. The owner of the law office noticed money was missing and set up a security camera to catch the thief, an arrest affidavit said. denied, 512 U.S. 1246, 114 S.Ct. Enchiladas, fajitas and a cinnamon bun. Appellant's thirty-ninth and fortieth points of error are overruled. Today you all came out on TV again and it said that their parents are trying to do everything they can to give you all the death penalty, even Yuni, but I don't think so because that's when we go out and take our asses on strike.