Accordingly, I continue to dissent to the majority's continued analysis of this issue and treatment of points one through four, but concur in the result. at 1096, clearly indicated that an indigent defendant does not have a constitutional right to receive funds to hire his own expert. 2253(c)(2). 36th murderer executed in U.S. in 2010 1224th murderer executed in U.S. since 1976 16th murderer executed in Texas in 2010 . What did he say? KELLER, J., concurs in the result on point of error eight and joins in the remainder of the opinion. A new season of Texas Metal will air on November 7, 2018, at 9:00 p.m. EST on Velocity. Two of the six assailants had their death sentences commuted to life in prison when the U.S. Supreme Court barred capital punishment for those who commit crimes under the age of 18. Tex.R.App. This allegation was addressed and answered by the United States Supreme Court in Jurek v. Texas, 428 U.S. 262, 96 S.Ct. As we stated above in point of error twelve, when challenging the constitutionality of a statute: The state trial court denied such relief on June 7, 2006, after it adopted the prosecution's proposed findings of fact and conclusions of law. 6:00pm I was escorted along with four other media witnesses. Proc. Narvaiz v. State, 840 S.W.2d 415, 431 (Tex.Crim.App.1992), cert. Authorities were able to track Cantu down to the 100 block of Charles Avenue shortly after midnight. This murder was unsolved until after O'Brien was arrested for the murder of Jennifer Ertman and Elizabeth Pena. Id. 1860, 100 L.Ed.2d 384 (1988), which is precisely the case appellant uses as his authority. In response to her friends cries, Jennifer ran back to help, but Cantu grabbed her and dragged her down the hill as well. We concluded that the trial court's decision to admit this testimony was not an abuse of discretion in that such testimony was within the zone of reasonable disagreement of evidence relevant to sentence. Building Materials. We have already decided these issues against appellant. We note that Article 37.071, Section 2(e) is essentially a codification of the dictates set out in Penry, supra, and has not been amended since its enactment, effective September 1, 1991. 563, 126 L.Ed.2d 463 (1993); Boyd v. State, 811 S.W.2d 105 (Tex.Crim.App.1991). BCSO spokesman Roseanne Hughes. Think about the ordeal of those two young girls right here. 1127, 127 L.Ed.2d 435 (1994), in support of his argument that capital punishment is violative of the United States Constitution. They have also lived in Marion, TX. The initiation involved fighting each member of the gang for a five to ten minute period. 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. In Ford, the deceased victim's sisters and mother, who had also been victims of the crime, testified regarding the relationship each had with the deceased victim as well as to the effect that the crime had on them. March 11, 2019. Location: Houston, TX. $26.50 paid to City of San Antonio, Texas, Description: Testimony showed that Jenny had gotten free and could have run away but returned to Elizabeth when she cried out for Jenny to help her. on [I]t is incumbent upon the defendant to show that in its operation the statute is unconstitutional as to him in his situation; that it may be unconstitutional as to others is not sufficient. Done purely to prevent him being caught for the crimes that had been done. The Mexican-American community was outraged by the death and Torres's family demanded justice. 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. Point of error thirty-two is overruled. 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. 2052, and, notably, the mere possibility of a different outcome is not sufficient to prevail on [this] prong, Crane v. Johnson, 178 F.3d 309, 312 (5th Cir.1999). He became notorious for trying to kick a TV cameraman recording his arrest. WebPete Cantu was born on April 9, 1914. 2213, 2223-24, 60 L.Ed.2d 777 (1979). Appellant has not done this. 600, 121 L.Ed.2d 537 (1992). As a custom automotive shop we strive to serve our customers with the highest quality, most reliable builds in the industry. 7. psychiatric evidence; and 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. 12/13/06 -- The Texas Court of Criminal Appeals denied state habeas relief. denied, 499 U.S. 932, 111 S.Ct. 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. After the assault, the gang took the girls into the woods and strangled them. 2630, 2639, 129 L.Ed.2d 750 (1994). "Texas executes gang member for murder of 2 girls," by Michael Graczyk. Testimony showed that Raul lasted through three of the members before briefly losing consciousness. See Colella v. State, 915 S.W.2d 834 (Tex.Crim.App.1995); McFarland, No. Antonio "Tony" Arizola Cantu 74, passed away on Sunday, June 13, 2021, in San Antonio. 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. 71,557, slip op. 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". You are instructed that certain evidence introduced to you has been offered in mitigation of the Defendant's punishment. denied, 511 U.S. 1100, 114 S.Ct. denied, 513 U.S. 861, 115 S.Ct. 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. 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. Hell, no.". We have held that, to constitute proper jury argument, the argument must encompass one (or more) of the following: (1) summation of the evidence presented at trial, (2) reasonable deduction drawn from that evidence, (3) answer to the opposing counsel's argument, or (4) a plea for law enforcement. See Tucker v. State, 771 S.W.2d 523, 535 n. 5 (Tex.Crim.App.1988), cert. Perhaps 100 yards away, a handful of death penalty opponents spoke over a loudspeaker against Cantus execution and the states system of capital punishment, the most active in the nation. Visit Website. 2909, 49 L.Ed.2d 859 (1976), that as long as the class of murderers subject to capital punishment is narrowed, there is no constitutional infirmity in a procedure that allows a jury to recommend mercy based on the mitigating evidence introduced by a defendant. As such, we hold that no error has been created by these events. We likewise decline to undertake such a review in the instant case. Very brutal, very slow, tortured, a senseless killing. Appellant cites no authority for why he should have been entitled to such an instruction. Her family was present at his trial for the June murders. In related point of error twenty-four, appellant claims that the trial court erred in not including in the punishment charge special verdict forms listing the elements of each unadjudicated offense admitted by the State. The gang at the Texas company Ekstensive Metal Works build some of the most creative rides found anywhere. His second requested charge is also a misstatement of the law in that Penry v. Lynaugh, 492 U.S. 302, 109 S.Ct. 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. "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. 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. They first passed by Roman and Frank Sandoval without incident. Cantu, the first of five to be tried, convicted and condemned, will be the last to be executed. Pete Cantu in Texas(TX) found with records in 36 cities. On automatic direct appeal, the Court of Criminal Appeals, Mansfield, J., held that: (1) prosecutor's argument did not improperly instruct jury that it had to find nexus between defense evidence and crime before they could consider evidence mitigating; (2) letter written by defense witness to defendant was admissible to impeach witness' credibility and to show strong bias in favor of defendant; (3) erroneous admission of testimony by mother of victim, who was not named in indictment, concerning that victim's character and activities was harmless beyond reasonable doubt; (4) sufficient evidence supported jury's affirmative finding as to future dangerousness special issue; and (5) evidence did not warrant jury instruction on lesser included offenses of sexual assault, robbery, kidnapping, or murder. Barnes, supra. I'm not going to show it to you. 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. How they were mutilated, brutalized for perhaps as much as an hour. Several dozen people showed up outside the Walls Unit in support of the families and the execution. Pete will be remembered for his infectious laugh and loving personality. 2950, 2956, 49 L.Ed.2d 929 (1976), and it has not been changed substantially since then. ), cert. 3230, 106 L.Ed.2d 578 (1989). In related points of error fifteen, sixteen and seventeen, appellant argues that the trial court erred in denying his requested charges that the jury must give effect to mitigating evidence and that the jury must consider youth and mental health as mitigating. Look at the evidence. However, as they passed Joe Medellin, he grabbed Elizabeth and dragged her down a hill as she screamed for help. "He has matured remarkably," said Robin Norris, his appeals lawyer. Fourteen-year-old Venancio watched as the others raped both girls orally, vaginally, and anally until appellant told him that he should get some. The girls were still being raped when appellant whispered to Venancio, We're going to have to kill them. When everyone was finished, appellant told them to take the girls to the woods where they proceeded to strangle them. Cold, cruel, inhuman, and yet he has his attorney saying don't kill the child. Gaddis, supra, at 398. 1087, 84 L.Ed.2d 53 (1985), the United States Supreme Court recognized that due process requires that a defendant have access to the raw materials integral to the building of an effective defense. Gentry v. State, 770 S.W.2d 780 (Tex.Crim.App.1988), cert. However, we reaffirmed the original holding on appeal. 8/11/09 -- The federal appeals court affirmed the denial of certificate of appealability. Appellant did not object to the inclusion of this instruction in the charge. Conversely, jury argument must be extreme or manifestly improper, or inject new and harmful facts into evidence to constitute reversible error. Part of the belt was left at the murder scene, the rest was found in O'Brien's home. Specifically, appellant wanted to ask veniremembers if they could hold the State to the burden of proof of beyond a reasonable doubt. It's not a question of you killing this child. And finally, the prosecution closed by reiterating: Appellant raises forty-five points of error. Seven minutes later, O'Brien was dead. Cantu and Derrick OBrien were tried before their fellow gang members. The district court recognized that the prosecution's arguments were harsh, but it concluded that the arguments did not render the trial fundamentally unfair. 3202, 105 L.Ed.2d 709 (1989); Tucker v. State, 771 S.W.2d 523, 530 (Tex.Crim.App.1988), cert. [WITNESS:] He is just agreeing with them. Under Almanza v. State, 686 S.W.2d 157 (Tex.Crim.App.1984), the failure to object to an included charge waives all but egregious error. He was born in Luckenbach, Texas on November 28, 1946, to Pablo and Patricina (Arizola) Cantu. The Texas Court of Criminal Appeals affirmed Cantu's conviction in a direct appeal on January 29, 1997. FN11. 81(b)(2); Harris v. State, 790 S.W.2d 568, 587-588 (Tex.Crim.App.1989); Smith v. State, 919 S.W.2d 96, 102-03 (Tex.Crim.App.1996). In concluding that the state court did not unreasonably apply clearly established federal law, the district court explained Simmons's limited holding-that when the alternative sentence to death is life without parole due process plainly requires that [the defendant] be allowed to bring [parole ineligibility] to the jury's attention. Cantu, 2009 WL 275172, at *6 (quoting Simmons, 512 U.S. at 169, 114 S.Ct. Johnson, supra, at 135. Such victim impact statements, as they are called, are now commonplace. Peter Cantu confessed to the murders at the time of his arrest. Points of error eighteen and nineteen are overruled. Cantu v. Quarterman, 341 Fed.Appx. Both wree sexually assaulted by the gang members, beaten, and strangled. See Harris v. State, 827 S.W.2d 949, 961-963 (Tex.Crim.App. Height: 5' 06" 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. That standard is applied in light of the Court's recognition that the State has a 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 v. Tennessee, 501 U.S. 808, 825, 111 S.Ct. He was on the first three seasons of the show, but in the latest one, he's nowhere to be seen. Cantu declined requests for interviews prior to his execution. Appellant kicked Elizabeth in the face with his steel toe boots, knocking out several teeth, and he stepped on Jennifer's neck until she stopped moving.
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