Graveside services and interment followed in the St. Marys Catholic Cemetery. (Habeas). This allegation was addressed and answered by the United States Supreme Court in Jurek v. Texas, 428 U.S. 262, 96 S.Ct. Therefore, if he asserts that any evidence presented during the guilt/innocence phase constitutes inadmissible victim impact evidence, he has not preserved that complaint for appellate review. To be accepted into the gang, Villareal had to fight the other gang members in turn until he passed out. es una historia oral de la comunidad catlica romana mexicana y mexicoamericana que lleg a habitar una llanura aluvial en el este de Austin, despus de su desplazamiento del centro de Austin hace ms de un siglo. Garcia v. State, 887 S.W.2d 846, 859 (Tex.Crim.App.1994), cert. 1338, 127 L.Ed.2d 686 (1994); Rogers v. State, 853 S.W.2d 29 (Tex.Crim.App.1993). Tuesday, August 10, 2010 Sometimes people don't make the best decisions, but the following incidents show some truly questionable behavior. He told the call taker that the missing girls' bodies could be found near T.C. Executed August 17, 2010 06:17 p.m. CDT by Lethal Injection in Texas, 36th murderer executed in U.S. in 2010 Thus, the Supreme Court held: [I]f the State chooses to permit the admission of victim impact evidence and prosecutorial argument on that subject, the Eighth Amendment erects no per se bar. The Mexican-American community was outraged by the death and Torres's family demanded justice. Texas Metal is a reality TV program first debuted on 7th November 2018 on Velocity. Pedro Cantu. I dont believe anybody ever in their lifetime is going to forget this. In support of his argument, appellant cites this Court to Tison, supra, and Enmund v. Florida, 458 U.S. 782, 102 S.Ct. 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. FN8. The death penalty in general is immoral, uncivilized, cruel, inhumane, barbaric, unjust and vengeful. 22 posts. The district court, as did the state court, placed Cantu's first statement into the context of all the record evidence and determined that a rational jury would not have concluded that Cantu was guilty only of the lesser-included offenses. ), cert. 1337, 127 L.Ed.2d 685 (1994). denied, 499 U.S. 932, 111 S.Ct. Petitioner Peter Anthony Cantu, a Texas inmate, was convicted of capital murder and sentenced to death. He then notes that the Texas Constitution proscribes cruel or unusual punishments while the Eighth Amendment prohibits cruel and unusual punishments. However, we have previously held to the contrary, finding no significance in the difference between the Eighth Amendment's cruel and unusual phrasing and the cruel or unusual phrasing of Art. Does it rise to that level? 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. 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. Derrick Sean O'Brien was executed in July 2006. Cantu was described as the leader of small gang known as the Black and Whites. Six months before Jenny and Elizabeth were murdered, three of their killers murdered another young woman, Patricia Lourdes Lopez. The Bexar County Sheriff's Office released surveillance video of an attempted burglary on the Northwest Side on May 24, 2016. Proc. We will address the points as they are presented to us. 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. Here, the district court determined that the state court did not unreasonably apply federal law in concluding that the prosecution's argument was proper and, therefore, that Cantu's counsel's performance was not deficient in failing to object to the argument. Point of error nine is overruled. 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. Webb, 760 S.W.2d at 268; Tucker, 771 S.W.2d at 530. The group then headed towards some nearby railroad tracks. Post author: Post published: junho 10, 2022 Post category: comcast central division leadership Post comments: semi pro football tulsa semi pro football tulsa He was on the first three seasons of the show, but in the latest one, he's nowhere to be seen. Santikos, supra; Dinkins v. State, 894 S.W.2d 330, 340 (Tex.Crim.App.1995), cert. In lieu of flowers, donations can be made to the Texas Scottish Rite Hospital for Children or the charity of your choice. 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. Tony was preceded in death by his parents, his wife Janie P. Cantu, brother Octavanio Cantu, sister Senaida Peralta and granddaughter Raquel Villa. [WITNESS:] I did that. He was born on June 9, 1980, in Stephenville, Texas to Jesus Cantu, Jr. and Maria Acuna. Point of error forty-four is overruled. Because of repeated behavioral problems, Cantu had been in an alternative school since sixth grade. Moore v. State, 935 S.W.2d 124, 130 (Tex.Crim.App.1996). Other cast members of the show are Spot and John. Regarding a sufficiency review of mitigating evidence, we declined in Colella v. State, 915 S.W.2d 834 (Tex.Crim.App.1995) to perform such a sufficiency review [b]ecause the weighing of mitigating evidence is a subjective determination undertaken by each individual juror. Colella, supra, , 915 S.W.2d at 845; Lawton, supra; Turro v. State, 867 S.W.2d 43, 47 (Tex.Crim.App.1993). 2/23/98 --- Cantu filed an application for state writ of habeas corpus. 463rd murderer executed in Texas since 1976. In light of this, we look to the record in the present case and review the evidence in the light most favorable to the verdict to determine whether a rational jury could have found sufficient evidence that appellant would probably be a danger in the future. [Emphasis in original.] 2458, 104 L.Ed.2d 1013 (1989); Harris v. State, 827 S.W.2d 949, 962 (Tex.Crim.App. The police were then able to find the badly decomposed remains of Ms. Ertman and Ms. Pena. Valerie Nicole is the only woman working at Ekstensive Metal Works, and needless to say, she is enjoying her work. | @pete.cantu.777. 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. 3202, 105 L.Ed.2d 709 (1989); Tucker v. State, 771 S.W.2d 523, 530 (Tex.Crim.App.1988), cert. As such, we note only that informing the jury of their failure to agree on the answer to a special issue is expressly forbidden by Article 37.071 2(a). Article continues below advertisement. A rational jury could not have found that appellant did not intend to kill the victim. The Texas Court of Criminal Appeals summarized the facts adduced during Cantus punishment trial as follows: Several witnesses testified Cantu had a history of violent behavior and offenses. 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. Appellant appeared happy and amused by the conversation and readily agreed with the recollection of events. ", The case horrified Houston. Appellant's argument centers around the concept that aggravating circumstances must be adequately defined for the jury. The extraneous offenses that were admitted included: at 1096, clearly indicated that an indigent defendant does not have a constitutional right to receive funds to hire his own expert. Your email address will not be published. You are further instructed that if there is any testimony before you in this case regarding the defendant's having committed offenses other than the offense alleged against him in the indictment, you cannot consider said testimony for any purpose unless you find and believe beyond a reasonable doubt that the defendant committed such other offenses, if any were committed, and even then you may only consider the same in determining the answers to the special issues. M. Pena also told the jury what her daughter had been like in life: personality traits she exhibited, activities she had engaged in, and similar good character type evidence. Failure To Object To Prosecution's Argument. The court overruled his objection. Article 37.071 2(a) (as amended by the 1991 Legislature) is the same as the older Article 37.071(g) (Vernon 1990) with only minor changes. See Photos. denied, 506 U.S. 999, 113 S.Ct. 2630, 2639, 129 L.Ed.2d 750 (1994); Anderson v. State, supra at 508-09). 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. 1/29/97 -- The Texas Court of Criminal Appeals affirmed Cantus verdict and sentence. [THE STATE:] And what would he say about that? Meanwhile, fourteen-year-old Jennifer Ertman and sixteen-year-old Elizabeth Pena were visiting a girlfriend. The failure to assign a burden of proof on the mitigation issue (or to place the burden on the defendant) does not render the scheme unconstitutional. See Lawton, supra. FN6. 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. A tip led authorities to the bodies. Penal Code 8.04, the trial court submitted the following instruction to the jury in the punishment charge: Among them was Melinda Rios, who said the girls had been at her home that night for a small party with her daughters. During its jury argument at punishment, the State did not even mention her testimony, much less emphasize it. Point of error forty-two is overruled. In memory of Peter Cantu 27.05.1975 - 17.08.2010. . 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. This is not to say, of course, that the indigent defendant has a constitutional right to choose a psychiatrist of his personal liking or to receive funds to hire his own. Patrick Myatt . I'd do the same thing if I was in his position. Cantu and Derrick OBrien were tried before their fellow gang members. At one point, Cantu kicked Ms. Pena in the face with his steel-toed boot. 2/9/94 -- After a separate penalty hearing, Cantu was sentenced to death. Appellant asserts in points twelve and thirteen that the Texas death penalty has been arbitrarily imposed and is unconstitutional because of the different capital sentencing schemes that have been in effect since the early 1970's. 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. 2253, 132 L.Ed.2d 260 (1995). , 45, was charged in the theft of more than $6,400 in sausage from the Kiolbassa Provision Company. The statements in question made in the presence of appellant were admissible as adopted admissions under Tex.R.Crim. 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 attacked a sixth grade teacher; 1860, 100 L.Ed.2d 384 (1988), which is precisely the case appellant uses as his authority. THE COURT: Overruled. Appellant then parceled out jewelry and money he had taken from the girls. Think about the ordeal of those two young girls right here. The first of these two witnesses, Christina Cantu, testified about how the individuals appeared when they arrived at the house and she told the jury about behavior they engaged in while there. They pulled on the belt, one boy on each side, until the belt broke. ", Randy and Sandra Ertman did not speak to the press. However, appellant was also given the statutorily mandated mitigation instruction of Article 37.071 2(e) which provides the jury with just such a vehicle needed to consider and give effect to evidence such as evidence of intoxication which does not rise to the level of temporary insanity. 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. He has a whole business dedicated to handmade car interiors. "They left my house and they were supposed to go home," Rios said. Peter Anthony Cantu is a 35 year old Hispanic male, scheduled to be executed on August 17th in Texas. Agapito Pete Cantu LUBBOCK-Agapito Pete Cantu left this earth into the loving and gracious hands of Jesus on Dec. 5, 2012. Ha-ha. Cantu was described as the leader of small gang known as the Black and Whites. 270, 277 (5th Cir.2007); Jackson v. Dretke, 181 Fed.Appx. 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[.] Zimmerman v. State, 860 S.W.2d 89 (Tex.Crim.App.1993).FN9 Points of error fifteen, sixteen and seventeen are overruled. Jennifer Ertman and Elizabeth Pena were 14 and 16 years old, respectively. Appellant's fourteenth point of error is overruled. He also parceled out the jewelry and money he took from the girls. The gist of the State's argument is the defense did not have any evidence in its favor, which is a proper response to defense counsel's just-completed argument that the evidence was insufficient to convict appellant of capital murder. Petitioner Peter Anthony Cantu, a Texas inmate, was convicted of capital murder and sentenced to death. (3) determination that petitioner was not denied effective assistance of counsel was reasonable. 2023 Holmgreen Mortuary. He said he was told repeatedly by Peter Cantu to "get some". Because appellant did not specify at trial which complaint he was asserting, his objection was not sufficiently specific to preserve review on appeal. 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. We conclude that reasonable jurists would not disagree on this matter. denied, 516 U.S. 832, 116 S.Ct. However, as they passed Joe Medellin, he grabbed Elizabeth and dragged her down a hill as she screamed for help. Zimmerman v. State, 881 S.W.2d 360 (Tex.Crim.App. Hair Color: Black Pete Cantu, 82. (Citing Armstrong v. State, 718 S.W.2d 686, 697 (Tex.Crim.App.1985)). Cantus execution was the third connected with the case. The medical examiner later testified that this is how she could be sure as to the horrible brutality of the rapes, beatings and murders. FN10. He was born on June 9, 1980, in Stephenville, Texas to Jesus Cantu, Jr. and Maria Acuna. March 11, 2019. Mrs. Naomi (Pete) Cantu of Waxahachie, 94, passed away July 28, 2012 at Mansfield Methodist Hospital. However, he does contend the evidence is insufficient to support the jury's affirmative answer to the special issue on future dangerousness. Even if the statements that were made in the presence of appellant were hearsay, they were admissible under Tex.R.Crim.Evid. Michelle Licon Cantu currently resides in Lubbock, Texas. When everyone was finished, Cantu told the boys to take the girls into the woods. Find the obituary of Pete Cantu Rodriguez (1964 - 2020) from San Antonio, TX. Final/Special Meal: Capital One Plaza 5718 Westheimer, Suite 1750 701 Brazos, Suite 1500 Houston, Texas 77057 Austin, Texas 78701 Counsel for Defendant [D/Guerra, L.P. Is there a connection between what they try to give to you as mitigation, is there some connection between that and the crime itself, when you think of what you discovered to possibly be mitigating. The district court recognized that the prosecution's arguments were harsh, but it concluded that the arguments did not render the trial fundamentally unfair. She'd been raped and eviscerated. 2556, 135 L.Ed.2d 1074 (1996). He was charged with unlawfully carrying a weapon. The jury's finding of guilt satisfied Tison and Enmund.
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