Under AEDPA, habeas relief is unavailable on any claim adjudicated on the merits in state court unless the state court's adjudication (1) resulted in a decision that was contrary to, or involved an unreasonable application of, clearly established Federal law, as determined by the Supreme Court of the United States, or (2) resulted in a decision that was based on an unreasonable determination of the facts in light of the evidence presented in the State court proceeding. 28 U.S.C. (Habeas). Several of Ertman's ribs were broken from being kicked. All cuzz them fine ass girls you all wanted to fuck. Defendant was convicted upon jury verdict in the District Court, Harris County, William Harmon, J., of capital murder and was sentenced to death. Cantu appeared happy and amused by the conversation and readily agreed with the recollection of events. On cross-examination, the State asked Martinez if she thought the killing of the two girls was funny. When the witness answered in the negative, the State asked that the jury be excused and introduced two letters the witness had written to appellant's co-defendant, Efrian Perez, and questioned her about one of them, which read: Efrian, what's up, ugly? Missing from the list this year are such veteran Forbes 400 members as Red McCombs ($1.25 billion) and T. Boone Pickens ($950 million). That's what they're doing; they're arguing nothing. ), cert. United States v. Branch, 91 F.3d 699, 713 (5th Cir.1996) (in discussing the amount of evidence that is sufficient to require an instruction on self defense, the court considered Beck and other cases addressing lesser-included-offense instructions and stated that it is not enough that an item of evidence viewed alone and unweighed against all the evidence supports the instruction sought by the defendant). @pete.cantu.777. The group then headed towards some nearby railroad tracks. With the circumscribed nature of our review in mind, we now turn to the merits of Cantu's petition. 102 East 50th Lubbock TX 79404. 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. PEDRO CANTU, JR. - Laredo Morning Times The sixth was convicted as a juvenile and is serving a 40-year prison term. Roman's brother, Frank, and Joe's fourteen-year-old brother, Venancio, were also present. Petitioner filed application for certificate of appealability (COA). When the police followed this suggestion, they found the badly decaying bodies of Jenny and Elizabeth. After Raul fought all of the members, he was welcomed into the gang. Pallbearers: Anthony Cantu, Fidercio Cantu, Leon Perez, Gary Sorola, Jason Cantu, Adam Cantu, Joshua Cantu. Zimmerman v. State, 860 S.W.2d 89 (Tex.Crim.App.1993).FN9 Points of error fifteen, sixteen and seventeen are overruled. PETE CANTU REAL ESTATE INC in San Antonio, TX | Company Info & Reviews Company Information Sponsored Links Company Contacts PETE CANTU Agent 2722 N Zarzamora St San Antonio, TX Reviews Write Review There are no reviews yet for this company. "He deserved to die, and 17 years later he died. Appellant's argument centers around the concept that aggravating circumstances must be adequately defined for the jury. 52(a); Janecka v. State, 823 S.W.2d 232, 243-244 (Tex.Crim.App.1990). February 19, 2014. Evidence at trial showed appellant's actions with respect to this offense were of a calculated and deliberate nature. Rosary for Mr. Cantu Sr., 86, of Abernathy, Texas, will be. Both Tison and Enmund were concerned with the implementation of the death penalty on defendants who were not proven to have an intent to kill. She was born February 8, 1918 to Dallas and Daisy Johnson. On the night of 24 June 1993, a group of teenage boys gathered at T.C. denied, 506 U.S. 942, 113 S.Ct. 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. Subsequent decisions by this court have consistently held that a state trial court may not, under Beck, refuse a lesser-included-offense instruction if the jury could rationally acquit on the capital crime and convict for the noncapital crime. East v. Scott, 55 F.3d 996, 1005 (5th Cir.1995) (internal citation omitted) (quoting Cordova v. Lynaugh, 838 F.2d 764, 767 (5th Cir.1988)); see also Aguilar v. Dretke, 428 F.3d 526, 531 (5th Cir.2005). 1339, 113 L.Ed.2d 271 (1991). Nor does he argue that the charge given was inappropriate, only that it was incomplete. It is clear that the excerpt from the letter was admissible to show the witness' strong bias in favor of appellant. In response to the study, a district court judge held that the statute unconstitutionally permitted the arbitrary and unguided imposition of the death penalty. He. 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. 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. Well, this is a sanitized and civilized killing that we have for Peter Cantu. Appellant walked in as the rest were recounting their exploits to his older brother and sister-in-law, Joe and Christina Cantu, in graphic detail. Native County: Harris "At least some of the scumbags are dead. Peter Cantu confessed to the murders at the time of his arrest. Pete Cantu in Texas We found 49 records for Pete Cantu in Edinburg, Austin and 36 other cities in Texas. After the belt broke, the killers used her own shoelaces to finish their job. We hold that the same analysis applies to the new statute and appellant has given us no reason to revisit this issue. The 14-year-old, Venancio Medellin, was handled in juvenile court and given the maximum sentence, split between juvenile and adult prison facilities. Authorities were able to track Cantu down to the 100 block of Charles Avenue shortly after midnight. Texas Metal's Custom Trucks Bag $310,750 at Mecum Auctions Houston Pete will be remembered for his infectious laugh and loving personality. Archived from the original on June 2, 2022. After unsuccessfully appealing his conviction . The police helicopter was flying over the park and this apparently prompted Mr. 'Gonzalez' to make a 911 call, directing the search to move to the other side of the bayou. Point of error twenty-two is overruled. They questioned Joe Cantu, who identified himself as both the 9-1-1 caller and the Crimestoppers tipster. See 466 U.S. 668, 687, 104 S.Ct. Here, the district court explained, the prosecution introduced the photographs while doing just that-describing the condition of the corpses, explaining the process of identifying the bodies, and verifying the statements made by Cantu and others. denied, 510 U.S. 997, 114 S.Ct. Find your friends on Facebook. shall consider mitigating evidence to be evidence that a juror might regard as reducing the defendant's moral blameworthiness. Find Pete Cantu's phone number, address, and email on Spokeo, the leading people search directory for contact information and public records. What Happened to Heath From 'Texas Metal'? Is Heath Moore on TV? "I think whatever they did, no matter how much there is, they should stand trial for every single thing." Points of error thirty-seven and thirty-eight are overruled. Forbes 400: The Richest People In Texas A new season of Texas Metal will air on November 7, 2018, at 9:00 p.m. EST on Velocity. 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. TikTok video from Pete Cantu (@petecantu3): "Pulled this out the drafts #fyp #disneyparents #blowthisup". 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. Pedro was born on November 5, 1924 in Floresville, Texas to Vincente and Tiadosa Robles Cantu. the Art. 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. His second requested charge is also a misstatement of the law in that Penry v. Lynaugh, 492 U.S. 302, 109 S.Ct. These factors are also helpful in this Court's evaluation of this question. 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. Date of Offense: 06/24/93 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. Weigh-in continues on heated headgear debate - San Antonio Express-News THE COURT: Overruled. 2213, 2223-24, 60 L.Ed.2d 777 (1979). He remains in custody as of this writing. 1338, 127 L.Ed.2d 686 (1994); Rogers v. State, 853 S.W.2d 29 (Tex.Crim.App.1993). Id. 1339, 127 L.Ed.2d 687 (1994), Nelson v. State, 864 S.W.2d 496, 498 (Tex.Crim.App.1993), cert. 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. 17. Her family was present at his trial for the June murders. Penal Code 8.04, the trial court submitted the following instruction to the jury in the punishment charge: denied, 516 U.S. 946, 116 S.Ct. [WITNESS:] [Appellant], Joe, Junior and Raul. Now [defense counsel], I don't blame him. Pete Cantu's Instagram, Twitter & Facebook on IDCrawl "They become everybody's daughter," recalled Don Smyth, a retired Harris County assistant district attorney who had helped prosecute Cantu. Meanwhile, Jennifer Ertman and sixteen-year-old Elizabeth Pena, who were visiting a girlfriend, decided to head home, taking a shortcut across the railroad tracks. Cantu's final two arguments are both framed as claims of ineffective assistance of counsel. Tex.R.App.Proc. Penal Code Ann. Appellant has not done this. Pete Cantu. There is no evidence that must be viewed by a juror as being per se mitigating. Intoxication means disturbance of mental or physical capacity resulting from the introduction of any substance into the body. 1.tu chaparrita 2.mi linda ilusion 3.al cien 4.me aleje de ti 5.acercate (feat. Plus, appellant objected at the punishment stage to the testimony of Pena's mother, M. Pena, who testified as to her daughter's good character, the search for her daughter, and the impact the disappearance had on the rest of the family members. Pete Cantu, 82. * that appellant threatened a woman and broke a window at her home; He was not eligible for the death penalty because of his age, and he did not participate in the murders. Owner at Last Note Productions. Appellant has provided no reason why the situation should be different in Texas. Additionally, the Texas death penalty scheme was found constitutional by the Supreme Court in Jurek v. Texas, 428 U.S. 262, 270-72, 96 S.Ct. Fortunately, they did manage to keep Randy from entering the woods and seeing his daughter's brutalized body and that of her friend Elizabeth. "I told him to stick it. Two who were 17 when the girls were killed were spared the death penalty when the U.S. Supreme Court barred execution of people who were under 18 when they committed their crimes. However, evidence as to her good character, activities she enjoyed and the impact of her on her family is not relevant as appellant was not on trial for her murder and such evidence serves no purpose other than to inflame the jury. Pete Cantu in Texas. For the reasons stated in my dissents in Rhoades v. State, 934 S.W.2d 113 (Tex.Cr.App.1996); Anderson v. State, 932 S.W.2d 502 (Tex.Cr.App.1996), and Morris v. State, 940 S.W.2d 610 (Tex.Cr.App.1996), I dissent to the majority's treatment and discussion of points one through four. 2658, 125 L.Ed.2d 290 (1993). PEDRO CANTU OBITUARY Pedro "Pete" Cantu Jr. passed away at 7:00 AM Tuesday, March 19, 2019 at Our Lady of the Lake Regional Medical Center in Baton Rouge at the age of 63 surrounded by his. Application denied. The totality of appellant's argument and authorities is as follows: (Habeas). denied, 513 U.S. 853, 115 S.Ct. 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. Finally, Cantu robbed Ertman of her rings, necklaces, and cash. 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. Points of error one through four are overruled.FN3. In Ake v. Oklahoma, 470 U.S. 68, 105 S.Ct. "I think about them. The bodies were very badly decomposed, even for four days in Houston's brutal summer heat and humidity, particularly in the head, neck and genital areas. Id. Race: White The boys then began strangling the girls. Cantu; Pete Cantu; Texas; San Antonio; Pete Cantu in San Antonio, TX 19 results - Pete Cantu may also have lived outside of San Antonio, such as Laredo, Sinton and 2 other cities in Texas. Valerie Nicole. Jester Park at White Oak Bayou. FN2. Appellant was subsequently convicted of capital murder in February of *631 1994.FN1 Tex. See Tucker v. State, 771 S.W.2d 523, 533-34 (Tex.Crim.App.1988), cert. Cantu Roofing, San Antonio, TX - Roofing Contractor Profile - Homeflock Man arrested after police say he stole vehicle of deputy who was - mySA In points of error one and two, appellant complains that the trial court erred in overruling his challenge to the Texas death penalty scheme. Indeed, we have rejected this argument recently. Cantu Roofing 922 Mildid Ave, San Antonio, TX 78211 Service: Roofing, Home Builders, Additions, Home Theaters, General Contractors Employees: Pedro Cantu (Owner) License: Texas #HR921199 Status: Active City: San Antonio Type: Home Improvement Contractor Verified: Status: Verify Date: February, 2016 Later Cantu and his accomplices were said to have joked about the brutal killings. Yeah, yeah, I remember that. at *24. A brief summary of the facts will be helpful. "How can you forget something like this? All Filters. We think about those girls every day. (Aug. 17, 2010, 10:41PM). Peter Anthony Cantu Executed for Jennifer Ertman and - CBS News The boys boasted about the rapes and killings. He was on the first three seasons of the show, but in the latest one, he's nowhere to be seen. Tex.Code Crim. ; Keeton v. State, 724 S.W.2d 58, 61 (Tex.Crim.App.1987) ( Keeton I); Heiselbetz v. State, 906 S.W.2d 500, 507-508 (Tex.Crim.App.1995). Specifically, he alleges that denying jurors the knowledge that appellant would have to serve at least 35 years in prison before becoming eligible for parole if sentenced to life in prison results in the arbitrary imposition of the death penalty in violation of the Eighth and Fourteenth Amendments to the United States Constitution and Article I, 10, 13, and 19 of the Texas Constitution. 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. At age 11, he got caught stealing a bike from a younger boy. He lasted through three fights before briefly losing consciousness. Over the years, Rios regularly asks what else she might have done to prevent their deaths. FN1. The indictment or information shall be read to the jury by the attorney prosecuting. 16th murderer executed in Texas in 2010 OBrien was executed in 2006 and Medellin in 2008. at 49. Log in or sign up for Facebook to connect with friends, family and people you know. We will not revisit the issue here. Because of repeated behavioral problems, Cantu had been in an alternative school since sixth grade. We hold that the same analysis applies to the new statute and appellant has given us no reason to revisit this issue. We hold that the inclusion of the latter instruction satisfied the constitutional deficiency appellant avers was created by the inclusion of the intoxication instruction. He's set to make the trip again, to witness for the third time the execution of one of the gang members responsible for the rape and murder of his teenage daughter and her schoolmate. Roofing, Home Builders, Additions, Home Theaters, General Contractors. KELLER, J., concurs in the result on point of error eight and joins in the remainder of the opinion. Tuesday he paid for it with his life. ), we noted that it has long been the law in Texas that evidence of a deceased's good and peaceful character is not admissible unless and until that character is placed in issue by the defendant. She's been a part of the famous Texas Metal cast since the beginning. The families hope to keep him in jail for his entire sentence, of which he has served almost half. We therefore deny a COA on this issue. Cantu was the final of three men condemned to die for the murders. Following this ritual, the boys drank beer, then they headed toward some nearby railroad tracks. (PDF) Viva Cristo Rey! Una historia oral de la comunidad catlica Situando a esta On Friday, the Texas Board of Pardons and Paroles refused his clemency petition. Graveside services and interment followed in the St. Marys Catholic Cemetery. See Harris v. State, 827 S.W.2d 949, 961-963 (Tex.Crim.App. Jester Park, about two dozen people gathered around a pair of flower-covered memorial benches to remember the murdered teens. That October, Denson and another officer, Stephen Orlando, were tried on murder charges and an. 2597, 115 L.Ed.2d 720 (1991), the United States Supreme Court recognized that prior jurisprudence dictates that a capital defendant must be treated as a uniquely individual human being. Payne, 501 U.S. at 822, 111 S.Ct. denied, 510 U.S. 919, 114 S.Ct. Jose Medellin was executed in August 2008. Point of error thirty-four is overruled. Three dozen supporters cheered as the families emerged after the execution. When Cantu saw them, however, he thought they were a man and woman. Appellant objected to the attack over Counsel's shoulder, which objection the trial court sustained. * * * 2726, 33 L.Ed.2d 346 (1972). denied, 510 U.S. 1215, 114 S.Ct. * that appellant created problems in school by fighting and cursing; Though some of the assailants had little previous brushes with the law, Cantu by the age of 18 had given plenty of indication he was headed for trouble. However, none of these cases stand for the proposition that this plea must be made by appellant or his counsel, personally. The break in solving the case came from, of course, the 911 call. After considering the prosecution's argument in the context of the argument made by Cantu, the district court determined that the state court did not unreasonably apply federal law in denying this claim. Finding no reversible error, we affirm the judgment of the trial court. Deputies chased the vehicle until it broke down at F.M. Appellant asked them if they wanted to get some, but Roman told him that he did not rape or kill girls. During its jury argument at punishment, the State did not even mention her testimony, much less emphasize it. Pete T. Cantu Obituary (1980 - 2022) | Orange Grove, Texas - Echovita Cantu's family did not attend his killing. ), cert. She bought the beer and went with the group, unwittingly heading to her death. The district court determined that this conclusion was not an unreasonable application of federal law. Barnes, supra. The crime was committed on or about June 24, 1993. Joe Cantu then placed an anonymous call to the Houston Police Department's "Crimestoppers" tip line. The police traced the 9-1-1 call to Cantu's home. However, this holding was subsequently rejected by the Seventh Circuit. Additionally, the district court denied a certificate of appealability (COA), sua sponte, on all of the issues raised by Cantu. denied, 501 U.S. 1259, 111 S.Ct. Cantu v. State, 939 S.W.2d 627 (Tex.Crim.App.1997). Fourteen-year-old Venancio watched as the others raped both girls until Cantu told him that he should get some. The girls were still being raped when Cantu whispered to Venancio, Were going to have to kill them. When everyone was finished, Cantu told them to take the girls into the woods where they proceeded to strangle them. 6:00pm I was escorted along with four other media witnesses. The girls were hurrying along railroad tracks in the dark in order to get home by their curfew. At 6:09 p.m., lethal injection drugs entered Cantu's body. And, finally, she told the jury about the effect her daughter's death was having on her and the rest of her family. The price of the Beefy Crunch Burrito had gone up from 99 cents to $1.49 and. John Cantu Sr. | Obituaries | victoriaadvocate.com Associated Phone Numbers. Ertman was robbed of her rings, necklaces, and cash. denied, 510 U.S. 1215, 114 S.Ct. 1910, 150 L.Ed.2d 9 (2001) (using the clearly drafted catchall instruction of Texas Code of Criminal Procedure article 37.071 2(e)(1) as a frame of reference to compare its brevity and clarity against the confusing nature of the supplemental instruction given in that case). Appellant's tenth and eleventh points of error are overruled. You know, if you got the law you argue the law, if you got the facts you argue the facts, if you don't have either the law or the facts you don't have anything. Research has proven that the death penalty (fighting violence with violence) fails to prevent, deter or reduce vio However, we affirmed the original holding on appeal. "He has matured remarkably," said Robin Norris, his appeals lawyer. 2950, 49 L.Ed.2d 929 (1976), when it held that the Texas future dangerousness issue was not unconstitutionally vague. 440, 256 S.W.2d 86, 88 (1953); Tutor v. State, 599 S.W.2d 818, 819 (Tex.Crim.App.1980). Appellant avers in point fourteen that the mitigation issue set forth in Article 37.071 2(e) is unconstitutional in that it does not require jury consideration of mitigation evidence when answering it. This issue reads as follows: See Davis v. State, 872 S.W.2d 743 (Tex.Crim.App.1994). 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.
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