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Cantu v. State, 939 S.W.2d 627 (Tex.Crim.App. Expressions of sympathy may be sent at www.schaetter.com. He does not challenge the sufficiency of the evidence to support the jury's verdict finding him guilty of capital murder. 680 following. The third man was given 40 years in prison and is eligible for parole. Seventeen years after taking part in one of the most heinous crimes in Houston history, Peter Cantu was executed tonight in Huntsville. denied, 506 U.S. 942, 113 S.Ct. Pete Cantu. In fact, while Rousseau actually addressed the pre-1991 version of the statute, we noted that the Interpretive Commentary to the revised 1991 statute, under which appellant was tried in the instant case, stated that the revisions foreclosed the potential for a challenge to the statute based upon Mills v. Maryland, 486 U.S. 367, 108 S.Ct. Article continues below advertisement. 22 posts. Appellant's argument is purely based on statistical studies allegedly showing that, in Texas, the death penalty is more likely to be assessed when the victim is white than when the victim is a member of a racial minority. The plea of not guilty may be made orally by the defendant or by his counsel in open court. denied, 510 U.S. 1215, 114 S.Ct. County of Offense: Harris FN13. FN1. (1) determination that refusal to inform jury that, if petitioner received life sentence, he would not be eligible for parole for thirty-five years did not violate Due Process Clause was reasonable; 2216 91st St, Lubbock, TX 79423 921 Adrian St, Lubbock, TX 79403 2311 49th St, Lubbock, TX 79412. 1.tu chaparrita 2.mi linda ilusion 3.al cien 4.me aleje de ti 5.acercate (feat. The Mexican-American community was outraged by the death and Torres's family demanded justice. Ertman tried to help. Height: 5' 06" The girls were still being raped when Cantu whispered to Venancio, "We're going to have to kill them.". In the portion of the prosecution's argument that Cantu challenges, the prosecution stated: 440, 256 S.W.2d 86, 88 (1953); Tutor v. State, 599 S.W.2d 818, 819 (Tex.Crim.App.1980). As we stated above in point of error twelve, when challenging the constitutionality of a statute: As in guilt/innocence, the State is required to prove each element of the punishment issues beyond a reasonable doubt. * * *. 381, 121 L.Ed.2d 292 (1992). Peter Cantu is not an animal. 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. The break in solving the case came from, of course, the 911 call. One of the boys boasted of having 'virgin blood' on him. [THE STATE:] During this time when they're saying what they did to the girl, what's [appellant] doing or saying? He was born on June 9, 1980, in Stephenville, Texas to Jesus Cantu, Jr. and Maria Acuna. Pete Cantu, age 41, passed away on Tuesday, February 15, 2022, in Orange Grove, Texas. 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. HUNTSVILLE The legal saga that began several days after the horrifying murder of two teenage Houston girls in 1993 came to an end Tuesday night with the execution of Peter Anthony Cantu, a former gang leader who all but ordered the execution of Jennifer Ertman and Elizabeth Pena. Ertman made the drive here four years ago for the first execution. A petitioner satisfies this standard by demonstrating that jurists of reason could disagree with the district court's resolution of his constitutional claims or that jurists could conclude the issues presented are adequate to deserve encouragement to proceed further. Miller-El v. Cockrell, 537 U.S. 322, 327, 123 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. After the assault, the gang took the girls into the woods and strangled them. THE COURT: Yes, sir. 2/4/09 -- The federal district court denied relief. Specifically, appellant wanted to ask veniremembers if they could hold the State to the burden of proof of beyond a reasonable doubt. "He should have been hung outside the courthouse," Ertman said in an interview with The Associated Press. On June 24, 1993, the group was conducting a fight-filled initiation ceremony for a prospective member across from. 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. Condolences for the family may be offered at www.holmgreenmortuaryinc.com and shared via Holmgreen Mortuary Facebook. However, when requesting a running objection, appellant asked for a running objection to all these hearsay statements. Appellant's objections encompass complaints under both the Texas Rules of Criminal Evidence governing the admission of hearsay statements and the Confrontation Clause of the United States Constitution. 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. The next morning, the girls parents began to frantically look for them, paging them on their pagers, calling their friends to see if they knew where they were, to no avail. Pedro was born on November 5, 1924 in Floresville, Texas to Vincente and Tiadosa Robles Cantu. Medellin's DNA matched semen samples taken from Patricia's body. 81(b)(2). Profile. Appellant objected to the attack over Counsel's shoulder, which objection the trial court sustained. Please visit www.cbp.gov to view additional news releases and other information pertaining to Customs and Border Protection. Extraneous victim impact evidence, if anything, is more prejudicial than the non-extraneous victim impact evidence found by this Court to be inadmissible in Smith, supra. Instead of taking her back to her truck, the trio took her to a back parking lot in Melrose Park in Houston, where they took turns raping and sexually assaulting her before stabbing her to death. The law as to mitigation and otherwise comes from the jury charge rather than from argument of counsel. He was friendly and never met a stranger. By In points of error eighteen and nineteen, appellant avers that the mitigation issue of Article 37.071 2(e) violates the Fifth and Fourteenth Amendments to the United States Constitution because it shifts the burden of proof to the defendant or omits it entirely. 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: A drunken O'Brien had told Patricia that if she did not cause him to have an erection through oral sex, he would kill her. 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 are still behind us. With the circumscribed nature of our review in mind, we now turn to the merits of Cantu's petition. He went back and forth between his brother and Cantu, urging them to leave, but Cantu told him that he should "get some", so he joined in on raping Ertman. (AP August 17, 2010). 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. FN12. During this arraignment, the State read the indictment, and the court asked appellant how he pled. Does it justify it? Work history: Acw Specialties Sheet Metal Worker. 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. Elections 2016 See also: Donna Independent School District elections (2016) Six of the seven seats on the Donna Independent School District school board were up for general election on 2052. Point of error thirty-four is overruled. Notwithstanding appellant's inadequate briefing, we note that the United States Supreme Court stated in Gregg v. Georgia, 428 U.S. 153, 96 S.Ct. 2253(c), Cantu now seeks from this court a certificate of appealability. Affirmed. Please submit missing details you may have. 3. the forethought and deliberateness exhibited by the crime's execution; As their midnight curfew approached, they discussed the fastest route to Pena's home. Appellant alleges that this denial violated the Eighth Amendment. He was born on June 9, 1980, in Stephenville, Texas to Jesus Cantu, Jr. and Maria Acuna. * * * He was not eligible for the death penalty because of his age, and he did not participate in the murders. 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. Find the obituary of Pete Cantu Rodriguez (1964 - 2020) from San Antonio, TX. However, the erroneous admission of M. Pena's testimony as to her daughter's character and activities was harmless beyond a reasonable doubt. 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. Thank you. Cantu was the 16th person to be put to death by the state of Texas this year. We note the Supreme Court in Payne held the Eighth Amendment did not bar introduction of evidence about the victim and the impact of the victim's death on his or her family as such evidence may be relevant as to the jury's determination as to imposition of the death penalty. The 14-year-old, Venancio Medellin, was handled in juvenile court and given the maximum sentence, split between juvenile and adult prison facilities. Associated Addresses. All Rights Reserved. Patrick Myatt . Education: GED The district court, in turn, evaluated the state court's conclusion that the arguments were proper under the due process standard. Appellant asked them if they wanted to get some, but Roman told him that he did not rape or kill girls. Now, Cantu seeks a COA on five of the issues he raised below. 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. His second requested charge is also a misstatement of the law in that Penry v. Lynaugh, 492 U.S. 302, 109 S.Ct. The court shall charge the jury that in answering the issue submitted under Subsection (e) of this article, the jury: 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 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? 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). See also, Lackey v. State, 819 S.W.2d 111 (Tex.Crim.App.1989) (not error to fail to instruct jury to consider specifically appellant's age as a mitigating factor because the jury's answer as to special issue two (future dangerousness) would reflect their consideration of all the mitigating evidence); Jackson v. State, 822 S.W.2d 18 (Tex.Crim.App.1990). Article 37.071 2(e) yields further support to this interpretation in that it requires the court to instruct the jury to take 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 (emphasis added) in determining whether sufficient mitigating circumstances exist to warrant a life sentence. When Cantu looked away, Ertman yelled at him, "Look at me look at me good!". 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. Citations: "Put it this way: I wish my daughter could have died the way he died today. 1860, 100 L.Ed.2d 384 (1988), which is precisely the case appellant uses as his authority. Members of the gang, including Cantu, then began a vicious sexual assault of the girls. Raul Villareal, 17, was being initiated into the Black and White gang, led by Cantu, then 18. 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. As a custom automotive shop we strive to serve our customers with the highest quality, most reliable builds in the industry. However, none of these cases stand for the proposition that this plea must be made by appellant or his counsel, personally. We have already decided these issues adversely to appellant. We hold this requisite to be applicable to non-psychiatric experts as well. Martinez was appellant's second witness at the punishment phase of trial. Pete will be remembered for his infectious laugh and loving personality. The girls were abducted by Cantu and four members of a street gang he led as they walked along a set of railroad tracts, a shortcut home for them. This guy is more than just a car's outer appearance. "I had no idea they would be coming to this." ), cert. Article 37.071 2(f)(4) defines mitigating evidence to be evidence that a juror might regard as reducing the defendant's moral blameworthiness. (Emphasis added.) All of his subsequent appeals in state and federal court were denied. In memory of Peter Cantu 27.05.1975 - 17.08.2010. . The Court opined that victim impact evidence is designed to show the victim's uniqueness as a human being and the state has 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, 501 U.S. at 825, 111 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. He married Dominga Arizola in 1945. denied, 492 U.S. 912, 109 S.Ct. "They are still in our hearts and prayers.". 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. 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. 401 and therefore irrelevant in the context of the special issues under Art. In Payne v. Tennessee, 501 U.S. 808, 111 S.Ct. Indeed, this circuit has repeatedly refused to apply Simmons so as to require that Texas juries be informed of a defendant's future parole eligibility. Maria Cantu Hexsel 221 West 6" Street, Suite 1800 Jennifer Buntz GERMER GERTZ . Tex.R.App.Proc. 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. People named Pete Cantu. 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.

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