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. Texas Execution Information Center by David Carson. He is preceded in death by his brother, Ralph Cantu Rodriguez; uncle, Richard Perez Rodriguez; aunt, Mary Ann Ortiz. See Lawton, supra; see also McFarland, supra. Joe Cantu then placed an anonymous call to the Houston Police Department's "Crimestoppers" tip line. HUNTSVILLE, Texas (AP) Randy Ertman knows the road to the Texas death chamber too well. Cantu appeared happy and amused by the conversation and readily agreed with the recollection of events. Appellant argues, in essence, that the prosecutor misstated the law. Appellant adopts the argument set forth in Point of Error Fourteen as if fully set forth herein. A memorial was erected to them at Waltrip High School, which they attended. Building Materials. 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. Known meat thief nabbed for H-E-B steak heist, South Texans want to know who's behind the 'Booty Patrol' truck, 'Naked and Afraid' lets San Antonio mom show off survival skills, Costco to open first $15M store in Central Texas this March, Former Boerne QB investigated for allegedly sharing XFL plays, Rooftop bar Cowboys and Cadillacs to grace downtown New Braunfels, Video shows drunk driver try to flee crash that killed Texas cop, PHOTOS: Massive alligator spooks locals along a South Texas road, S.A. woman: Thieves took selfie with stolen phone while eating food paid for with stolen card, SAPD: Man with outline of Texas tattooed on head asked permission before robbing house, Police: Man rammed car into Dollar General, stole Budweiser, Police: Deputy arrested for DWI ordered burger, fell asleep, Man accused of making threats with sword faces more charges, Courthouse high drama actually just high jinks, Police: Woman stole more than $6,000 in sausage, Police: Security guard swipes $13K from business he was hired to protect, Police: Man who robbed same store four times in one night nabbed on fifth attempt, San Antonio carjacking suspects couldn't figure out push-button ignition, Residents curious about 'U.S. 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. Jennifer Ertman's dad, Randy Ertman, was about to give an interview regarding the missing girls to a local television reporter when the call came over a cameraman's police scanner that two bodies had been found. (AP August 17, 2010). The police traced the 9-1-1 call to Cantu's home. We have already decided these issues adversely to appellant. 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. We will address the points as they are presented to us. Because the consideration and weighing of mitigating evidence is an open-ended, subjective determination engaged in by each individual juror, we conclude that Article 37.071 2(f)(4) does not unconstitutionally narrow the jury's discretion to factors concerning only moral blameworthiness as appellant alleges. Meanwhile, fourteen-year-old Jennifer Ertman and sixteen-year-old Elizabeth Pena were visiting a girlfriend. McFarland v. State, 845 S.W.2d 824, 844 (Tex.Crim.App.1992), cert. The law should be provided by the trial court in the jury charge, not by questioning the witnesses. When Pena screamed, Ertman ran back to try to help her friend, but Cantu grabbed her and dragged her down the hill as well. He was born on June 9, 1980, in Stephenville, Texas to Jesus Cantu, Jr. and Maria Acuna. Appellant's reliance on Justice Blackmun's dissenting opinion is misplaced. On February 4, 2009, the district court denied habeas relief in a particularly thoughtful and thorough memorandum and order. At his sentencing for the Ertman-Pena case, the judge asked Cantu if there was any reason the sentence shouldn't be imposed. However, no such evidence exists. Point of error thirty-three is overruled. "He deserved to die, and 17 years later he died. He had problems, he was sick, he is sick. can stop at any time. 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. To be accepted into the gang, Villareal had to fight the other gang members in turn until he passed out. A red nylon belt, with an attacker tugging at each end, was pulled so tightly around Ertman's neck the belt snapped. Cantu, the first of five to be tried, convicted and condemned, will be the last to be executed. We will not revisit the issue here. It's not lost on him that Cantu has lived in prison longer than Jennifer and Elizabeth were alive. However, enough tissue did exist for the medical examiner to determine that the girls had died of a trauma to the neck which was consistent with strangulation. Work history: Acw Specialties Sheet Metal Worker. 2253, 132 L.Ed.2d 260 (1995). Is there a link there and correlation between what you've heard and what you saw happen on June 24th, 1993? ] (emphasis added). Mines v. State, 888 S.W.2d 816 (Tex.Crim.App.1994), cert. He became notorious for trying to kick a TV cameraman recording his arrest. Pete Cantu, age 41, passed away on Tuesday, February 15, 2022, in Orange Grove, Texas. (Direct Appeal) [THE STATE:] And what would he say about that? All Filters. 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. 3. the forethought and deliberateness exhibited by the crime's execution; All of his subsequent appeals in state and federal court were denied. At T.C. "Theres no way to ever get closure from this. Twelve of the fastest street racing teams in America are taking to a secret road in Wyoming to compete for $300,000 and a chance to call themselves the fastest in America. OBrien was executed in 2006 and Medellin in 2008. Appellant again attacks the constitutionality of Article 37.071 2(e) in point of error forty-two alleging that it invites the open-ended discretion condemned by the United States Supreme Court in Furman v. Georgia, 408 U.S. 238, 92 S.Ct. Cantu v. State, 939 S.W.2d 627 (Tex.Crim.App.1997). Cantu was the final of three men condemned to die for the murders. On June 24, 1993, the girls spent the day together and then died together. FN8. They questioned Joe Cantu, who identified himself as both the 9-1-1 caller and the Crimestoppers tipster. Appellant asked for a running objection as to this line of questioning. We hold this requisite to be applicable to non-psychiatric experts as well. As stated in the previous point, neither the state nor federal constitution requires that certain evidence be labeled as mitigating, nor does it require what weight, if any, should be given to evidence that is found to be mitigating. As we stated above in point of error twelve, when challenging the constitutionality of a statute: Tuesday he paid for it with his life. The third man was given 40 years in prison and is eligible for parole. Patricia, a 27-year-old mother of two young children, had run out of gas and was stranded on the side of the freeway on her way home from a football game. Cantu declined requests for interviews prior to his execution. Specifically, appellant requested the following instructions: "He's a guy who fully accepts his responsibility.". Christina subsequently convinced her husband to report the incident to the police. 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. Or when they were saying, I fucked her in the pussy, he said, yeah, I remember I did that, too. See Peltier v. State, 626 S.W.2d 30 (Tex.Crim.App.1981); Ex parte Sewell, 742 S.W.2d 393 (Tex.Crim.App.1987); Essary v. State, 53 Tex.Crim. 2052, 80 L.Ed.2d 674 (1984). Some of the other boys, including Derrick O'Brien, Jose Medellin, and Venancio Medellin, also gave confessions. (2) determination that refusal to instruct jury on lesser-included offenses did not violate Eighth Amendment was reasonable; and Provide a detailed review of this contractor: ** residential re-roof- w/ no change to pitch/ removing existing shingles and replacing w/ same type/no other work being done/all work must comply w/irc & udc.-**ama, $26.50 paid to City of San Antonio, Texas, Re-roof permit no change in pitch deck or tile roof to comply w/udc and irc codes, City of San Antonio, TX Licensed Contractors. 1422, 122 L.Ed.2d 791 (1993); Tex.R.App. He made off with two cases of Budweiser beer and about 140 DVDs before police caught up with him.Read more: Police: Man rammed car into Dollar General, stole Budweiser, , 37, of Universal City, was arrested outside a Whataburger on Pat Booker Road April 30, 2014. Texas Metal (2017-2021) Full Cast & Crew See agents for this cast & crew on IMDbPro Series Writing Credits Series Cast Series Produced by Series Music by Series Cinematography by Series Film Editing by Series Production Management Series Sound Department Series Camera and Electrical Department Series Casting Department Series Editorial Department Cantu and Derrick OBrien were tried before their fellow gang members. No, not in the least. TEXAS PIPELINER Welder (STC) . Proc. In related point of error eleven, appellant alleges that the trial court erred in failing to set aside the indictment because the special issues are not properly understood by the jurors. Rule App. Nine minutes later, he was dead. The testimony of M. Pena consisted of her telling the jury about her family and showing the jury pictures of the victim's sixteenth birthday party. See Rousseau, 855 S.W.2d at 686-87; Felder v. State, 848 S.W.2d 85, 101 (Tex.Crim.App.1992), cert. 2052. To violate due process, an evidentiary ruling must result in a denial of fundamental fairness, and improperly admitting evidence will only justify habeas relief if the admission was a crucial, highly significant factor in the defendant's conviction. Neal v. Cain, 141 F.3d 207, 214 (5th Cir.1998).FN3. Pete Cantu Rodriguez, born on January 16, 1964 in San Antonio, TX was called to be with The Lord on August 19, 2020 at the age of 56. 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. In point of error nine, appellant complains that the trial court committed reversible error in failing to grant a mistrial following improper argument by the State. denied, 513 U.S. 1157, 115 S.Ct. She had been stabbed and slashed in the abdomen, throat and back and strangled. Id. In his thirty-ninth and fortieth points of error, appellant alleges that Article 44.251(a) is facially unconstitutional when taken together with Article 37.071 2(a) because the former requires a sufficiency review of the latter. Is your room clean today? Appellant's thirty-ninth and fortieth points of error are overruled. to the family or plant a tree Alva allegedly stole thousands of dollars from a law office on Broadway while patrolling. [WITNESS:] [Appellant], Joe, Junior and Raul. The Ertmans and Penas, again with Kahan's assistance, were also instrumental in getting Texas law changed so that victims' relatives are permitted to witness the executions of their loved ones' killers. Id. Sam Millsap, a former Texas district attorney, weighs his spotless reputation against the life of Ruben Cantu, a potentially innocent man. Hence, appellant's point of error thirty is overruled. It is well-settled that, in reviewing the sufficiency of the evidence at the punishment stage, this Court views the evidence in the light most favorable to the verdict to determine whether any rational trier of fact could make the finding beyond a reasonable doubt. Anderson v. State, 932 S.W.2d 502, 509 (Tex.Crim.App.1996). The other gang members present were Roman Sandoval, Joe Medellin, Efrian Perez, and Derrick Sean O'Brien. However, we affirmed the original holding on appeal. This argument has been addressed and rejected by both this Court and the United States Supreme Court and we will not revisit it here. However, he contends that a meaningful review of the mitigation issue is impossible. Cantu walked in as the rest were recounting their exploits to his older brother and sister-in-law, Joe and Christina Cantu, in graphic detail. Evidence of the mental or physical incapacity of the defendant caused by voluntary intoxication may be introduced by the defendant in mitigation of the penalty attached to the offense for which he is being tried. If they hung all five of them, that would be a deterrent. denied, 513 U.S. 861, 115 S.Ct. Four of the other assailants that night were also convicted of capital murder and sentenced to death. Cantu allegedly bragged to friends and family about being the ringleader of the incident, and he paid for it with his life. They had spent the evening drinking beer and then "jumping in" Raul. The district court highlighted that the Supreme Court has itself refused to extend Simmons's holding beyond when, assuming the jury fixes the sentence at life, the defendant is ineligible for parole under state law. Ramdass v. Angelone, 530 U.S. 156, 166, 120 S.Ct. That October, Denson and another officer, Stephen Orlando, were tried on murder charges and an. 2937, 124 L.Ed.2d 686 (1993); Gaddis v. State, 753 S.W.2d 396 (Tex.Crim.App.1988). Peter Cantu is not an animal. Ha-ha. We think about those girls every day. The special pleas, if any, shall be read by the defendant's counsel, and if the plea of not guilty is also relied upon, it shall also be stated. At the guilt/innocence phase of the instant case, the jury was specifically charged that they could not find appellant guilty of capital murder unless he intentionally murdered the victim or intentionally assisted in the commission of the murder and the aggravating offense. 4/19/10 -- The U.S. Supreme Court denied Cantus petition for certiorari review. The girls were still being raped when Cantu whispered to Venancio, "We're going to have to kill them.". See Harris v. State, 827 S.W.2d 949, 961-963 (Tex.Crim.App. We have already addressed this issue and decided it adversely to appellant's position. Your email will not be used for any other purpose. Point of error twelve is overruled. 3202, 105 L.Ed.2d 709 (1989); Tucker v. State, 771 S.W.2d 523, 530 (Tex.Crim.App.1988), cert. Appellant specifically complains of the emphasized portion of the following argument: [THE STATE:] [I would] [l]ike to talk to you briefly about the issue of mitigation[.] at 2608. Subsequently, they all took turns stomping on both girls necks to make sure they were dead. Points of error one through four are overruled.FN3. Appellant contends the State opened the door to testimony about parole eligibility in its cross-examination of Prof. James Marquart of Sam Houston State University by mentioning various capital murder defendants who committed violent crimes while in prison as well as two who committed murders after their release from prison. 2253(c), Cantu now seeks from this court a certificate of appealability. Danny Acosta, 30, faces a charge of aggravated robbery after he allegedly robbed a house last month. 1029, 154 L.Ed.2d 931 (2003). Jenny was strangled with the belt of Sean O'Brien, with two murderers pulling, one on each side, until the belt broke. Tex.R.App.
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