Tex.R.App. Funeral arrangements are under the direction of the Schaetter Funeral Home, Fredericksburg. The danger of unfair prejudice to a defendant inherent in the introduction of victim impact evidence with respect to a victim not named in the indictment on which he is being tried is unacceptably high. The person not sentenced to death, 14 at the time, got a 40-year sentence. 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. Condolences for the family may be offered at www.holmgreenmortuaryinc.com and shared via Holmgreen Mortuary Facebook. 16th murderer executed in Texas in 2010
Post author: Post published: junho 10, 2022 Post category: comcast central division leadership Post comments: semi pro football tulsa semi pro football tulsa After unsuccessfully appealing his conviction . 102 East 50th Lubbock TX 79404. In his argument, appellant basically urges this Court to re-evaluate its prior holdings that Article 37.07 does not apply to capital cases and that the admission of unadjudicated extraneous offenses at the sentencing phase of a capital trial does not offend the Eighth and Fourteenth Amendments. ), cert. 2950, 49 L.Ed.2d 929 (1976), when it held that the Texas future dangerousness issue was not unconstitutionally vague. Pedro was born on November 5, 1924 in Floresville, Texas to Vincente and Tiadosa Robles Cantu. | Tex. 9/19/07 -- Cantu filed his federal habeas corpus petition in a Houston U.S. district court. Point of error forty-two is overruled. 2052, 80 L.Ed.2d 674 (1984). They alerted the police and posted fliers, but the girls were not found. 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. Thus, we turn to an analysis of whether the second prong of the test is met for any of the requested lesser included offenses. As their midnight curfew approached, they discussed the fastest route to Pena's home. Appellant adopts the argument set forth in Point of Error Fourteen as if fully set forth herein. They then used Ertman's shoelaces to finish strangling her. In response to her friends cries, Jennifer ran back to help, but Cantu grabbed her and dragged her down the hill as well. 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. Several witnesses testified appellant had a history of violent behavior and offenses. ), cert. The totality of appellant's argument and authorities is as follows:
Barnes v. State, 876 S.W.2d 316, 329 (Tex.Crim.App. Pete Cantu, age 41, passed away on Tuesday, February 15, 2022, in Orange Grove, Texas. can stop at any time. Testimony showed that Raul lasted through three of the members before briefly losing consciousness. In his sixth point of error, appellant contends that the trial court erred in admitting the hearsay statements of appellant's co-defendants who incriminated him. ] (emphasis added). Sometimes people don't make the best decisions, but the following incidents show some truly questionable behavior. Pete Cantu, age 41, passed away on Tuesday, February 15, 2022, in Orange Grove, Texas. No, not in the least. After the assault, the gang took the girls into the woods and strangled them. Cantu was described as the leader of small gang known as the Black and Whites. Point of error forty-one is overruled. 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". A little knowledge of routine vehicle maintenance may have kept. 1. 600, 121 L.Ed.2d 537 (1992). * that appellant attacked a sixth grade teacher;
He let out a final breath at 6:17 p.m. and peacefully died. As in guilt/innocence, the State is required to prove each element of the punishment issues beyond a reasonable doubt. Mental or physical incapacity caused by intoxication means that the defendant's mental capacity was so disturbed from the introduction of a substance into his body that the defendant either did not know that his conduct was wrong or was incapable of conforming his conduct to the requirements [sic] of the law he allegedly violated. Use Next and Previous buttons to navigate. 2556, 135 L.Ed.2d 1074 (1996). 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. HUNTSVILLE, Texas (CBS/KHOU) Murderer Peter Anthony Cantu was executed by the state of Texas Tuesday evening. 2052. Appellant bases his argument on several cases that stand for the proposition that an indictment must be read and a defendant's plea must be entered before a jury in order for the issue to be joined. If enough of any type of evidence exists in the record so that any rational trier of fact could have believed an issue to be true, then we need not know what a specific trier of fact believed. denied, 512 U.S. 1246, 114 S.Ct. denied, 513 U.S. 1157, 115 S.Ct. denied, 510 U.S. 997, 114 S.Ct. The other gang members present were Roman Sandoval, Joe Medellin, Efrian Perez, and Derrick Sean OBrien. 1/29/97 -- The Texas Court of Criminal Appeals affirmed Cantus verdict and sentence. With this standard in mind, we turn to Cantu's specific ineffectiveness arguments. denied, 514 U.S. 1005, 115 S.Ct. 2382, 65 L.Ed.2d 392 (1980). It's not lost on him that Cantu has lived in prison longer than Jennifer and Elizabeth were alive.
Intoxication means disturbance of mental or physical capacity resulting from the introduction of any substance into the body. FN5. Some of the other boys, including Derrick O'Brien, Jose Medellin, and Venancio Medellin, also gave confessions. Mr. Cantu is survived by his wife: Dominga Arizola Cantu of Luckenbach; six daughters, six sons and spouses: Frank and Estella Cantu, Tina and Martin Perez, Vincent and Benita Cantu all of Fredericksburg, Leandro and Sylvia Cantu of Llano, Martha and Julian Cantu of Stonewall, Abel and Jeraldine Cantu, Abelia Cantu of Fredericksburg, Porfie Cantu, of Austin, Oralia and Henry Sorola, Beatrice and Damian Rosa, Emma and Pastor Robert Garcia of Fredericksburg, Monroe and Rebecca Cantu of Montana; 41 grandchildren, 84 greatgrandchildren, five great-greatgrandchildren; three sistersin law: Tomasa Cantu, Andrea Cantu, Patrocina Cantu. "It's a little late," Ertman said. 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. This murder was unsolved until after O'Brien was arrested for the murder of Jennifer Ertman and Elizabeth Pena. ), cert. Houston police researched older cases and found a possible match with the unsolved murder of Patricia Lourdes Lopez. Cantu jumped out of the car and continued to run on foot, Hughes said. Eduardo Munoz, 20, is accused of robbing the same store four times Dec. 14 and one the fifth attempt he was arrested. The statements in question made in the presence of appellant were admissible as adopted admissions under Tex.R.Crim. Evidence at trial also tended to show appellant was the leader of the gang that committed this crime, and this evidence rebutted any implication he acted under duress or the domination of another at the time of the offense. At this point, the Sandoval brothers decided that it was time to leave.
He lasted through three fights before briefly losing consciousness. Does she have blond hair?!!?" Pete Cantu, age 41, passed away on Tuesday, February 15, 2022, in Orange Grove, Texas.
See Colella v. State, 915 S.W.2d 834 (Tex.Crim.App.1995); McFarland, No. 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. Appellant has provided no reason why the situation should be different in Texas.
We do note that on the penultimate page of his brief, appellant refers to the term, continuing threat to society. This Court has repeatedly rejected the contention that terms such as this must be defined in the charge. said Gloria Rubac, a death penalty abolitionist. Henry Cantu Director: University of Texas at San Antonio College/University: 1 Utsa Cir, San Antonio, TX 78249 Think about how cold the man is, how cowardly he is, how cruel he is. 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:
Proc. In making this comparison, the prosecution referred to the challenged photographs.
He raped Jennifer and was later sentenced to 40 years for aggravated sexual assault, which was the maximum sentence for a juvenile.
denied, 495 U.S. 940, 110 S.Ct. Pleasanton Express Staff Pete Cantu. Pete Cantu - Lubbock, Texas, United States | Professional Profile | LinkedIn View Pete Cantu's professional profile on LinkedIn. ; 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). THE COURT: Overruled. We hold that the same analysis applies to the new statute and appellant has given us no reason to revisit this issue. 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. BSCO is seeking any information on the two suspects shown in the video. However, the Supreme Court also held that the State has a legitimate interest in countering this individualization of the defendant by reminding the jury that the victim, also, was an individual whose death represents a unique loss to society and to his or her family. He had problems, he was sick, he is sick. Fitness Professional Online at Xecute Fit. See, Broxton v. State, 909 S.W.2d 912, 923 n. 3 (Tex.Cr.App.1995) (Overstreet, J., dissenting). 2950, 2956, 49 L.Ed.2d 929 (1976), and it has not been changed substantially since then. 1338, 127 L.Ed.2d 686 (1994); Butler v. State, 872 S.W.2d 227, 240 (Tex.Crim.App.1994), cert. In Texas, low oil prices have flatlined the growth in some fortunes, like that of San Antonio natural gas tycoon Rod Lewis .
Select the best result to find their address, phone number, relatives, and public records. Cantu kicked Elizabeth in the face with his steel toe boots, knocking out several teeth, and he stepped on Jennifers neck until she stopped moving. Point of error forty-four is overruled. He did not acknowledge the victims families and he had no personal witnesses attending the execution. 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. 2253, 132 L.Ed.2d 260 (1995). 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. 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. Sign Up. Cantu v. Quarterman, 341 Fed.Appx. Three of the animals who did this are gone, but you know it doesn't really make you feel any better," Pena said. Derrick Sean O'Brien was executed in July 2006. (Direct Appeal)
Jose Gonzalez, 52, was arrested March 2, 2014, when he tried to smuggle a sword cane in Bexar County Jail to visit his son, currently an inmate at the jail. 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. Ayesha Gani.
FN9. Alize Nio) 6.el sabado 7.no te preocupes (tejano) 8.extrao. All Rights Reserved. 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. Jester Park. Because appellant did not specify at trial which complaint he was asserting, his objection was not sufficiently specific to preserve review on appeal. Required fields are marked *. In a thorough and well-reasoned memorandum and order, the district court denied habeas relief and, sua sponte, declined to issue a certificate of appealability on any of the issues raised by Cantu. We therefore deny a COA on this issue. Subsequently, they all took turns stomping on both girls necks to make sure they were dead. on ), cert. STREET OUTLAWS: FASTEST IN AMERICA premieres Monday, October 19 at 8p on Discovery. [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. 84 Lumber. The police searched the park without finding anything. See Free v. Peters, 806 F.Supp. 1997). FN8. A memorial was erected to them at Waltrip High School, which they attended. Id. 946, 952 (5th Cir.2004) (emphasis added); cf. Hence, appellant's point of error thirty is overruled. Failure To Object To Prosecution's Argument. The initiation involved fighting each member of the gang for a five- to ten- minute period.