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Counsel for Defendant D&W Painting, Inc. Richard H. Grafton T. Mark Rogstad Paul Byron Starr WRIGHT & GREENHILL, P.C. In related point twenty-three, he further alleges that the trial court's charge on unadjudicated offenses requires reversal because there is no way for this Court to meaningfully review the sufficiency of the evidence. Tex.Code Crim. Members of the gang, including Cantu, then began a vicious sexual assault of the girls. Prior Prison Record: Cantu is also serving a 10 year sentence in connection with an aggravated asault on a Houston man in January 1993. However, he does contend the evidence is insufficient to support the jury's affirmative answer to the special issue on future dangerousness. [DEFENSE:] Excuse me, [prosecutor's name omitted]. denied, 513 U.S. 861, 115 S.Ct. It affected more than just Melissa and me and Randy and Sandy.". at 688, 690, 104 S.Ct. 2658, 125 L.Ed.2d 290 (1993). See Johnson v. Puckett, 930 F.2d 445, 448 (5th Cir.1991) (We have repeatedly held that a contention not raised by a habeas petitioner in the district court cannot be considered for the first time on appeal from that court's denial of habeas relief.). 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. As that Court stated: We hold that the same analysis applies to the new statute and appellant has given us no reason to revisit this issue. Indeed, we have rejected this argument recently. Height: 5' 06" Messages run for up to one year and you Tex.R.App. ", Pena, his wife Melissa at his side, said it did not matter to him that Cantu offered no words of contrition, or any words at all. Eduardo Munoz, 20, is accused of robbing the same store four times Dec. 14 and one the fifth attempt he was arrested. Application denied. 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. 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. To send flowers When the attackers were finished, the girls were taken deeper into the woods where, at Cantus urging, they were beaten, strangled and stomped to death. With $53,000 being the highest bid for the 332-mile supercharged 1/2-ton, it moved on for a . denied, 512 U.S. 1246, 114 S.Ct. He specifically states that the Texas death penalty is unconstitutional under the Eighth Amendment, the Equal Protection Clause of the Fourteenth Amendment, and Article 1, Section 13 of the Texas Constitution. By Her family was present at his trial for the June murders. Cantu jumped out of the car and continued to run on foot, Hughes said. 2630, 2639, 129 L.Ed.2d 750 (1994). Hence, the Supreme Court removed the Eighth Amendment bar to evidence about the victim and evidence about the impact of the murder on the victim's family created by Booth v. Maryland, 482 U.S. 496, 107 S.Ct. Thus, we do not consider the argument on appeal. He was friendly and never met a stranger. 1337, 127 L.Ed.2d 685 (1994). Think about the ordeal of those two young girls right here. See Article 36.15; Tex.R.App. [THE STATE:] And did they talk about having anal intercourse with the girls in front of [appellant]? By requiring the jury to at least consider a mitigating factor, the statute would survive constitutional scrutiny. Rousseau, 855 S.W.2d at 686-87; Felder, 848 S.W.2d at 101; Davis v. State, 782 S.W.2d 211, 221-22 (Tex.Crim.App.1989), cert. 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. Shaw, a former employee, was caught on camera Sept. 14 taking a pallet of meat with an estimated value of more than $6,400 dollars from the company, 1325 S. Brazos St., according to an arrest warrant affidavit. 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. Cantu first argues that the state trial court's refusal to inform the jury of Texas parole law violates the Fourteenth Amendment's Due Process Clause. HUNTSVILLE, Texas (AP) Randy Ertman knows the road to the Texas death chamber too well. The person not sentenced to death, 14 at the time, got a 40-year sentence. But I think I will probably sleep a little better. Jester Park at White Oak Bayou. AUSTIN Texas Attorney General Greg Abbott offers the following information about Peter Anthony Cantu, who is scheduled to be executed after 6 p.m. on August 17, 2010. 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. Point of error thirty-five is overruled. "He's a guy who fully accepts his responsibility.". The price of the Beefy Crunch Burrito had gone up from 99 cents to $1.49 and. Here's a full rundown of the teams, drivers, and their cars. 2253(c)(2). ", Maria Frausto said she often says a small prayer when she jogs past the memorial. * that appellant made threats at a hospital and in jail. Cantu v. State, 939 S.W.2d 627 (Tex.Crim.App.1997). "I was the last parent to have seen them," she said. The other gang members present were Roman Sandoval, Joe Medellin, Efrian Perez, and Derrick Sean O'Brien. Fitness Professional Online at Xecute Fit. The Texas Court of Criminal Appeals affirmed the conviction and sentence in January 1997. 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. Appellant was not entitled to an instruction on what evidence was mitigating or on what weight to give any mitigating evidence presented at trial. 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. Sometimes people don't make the best decisions, but the following incidents show some truly questionable behavior. 463rd murderer executed in Texas since 1976. SAN ANTONIO A man suspected of stealing an unmarked Bexar County Sheriffs Office cruiser during a chase Tuesday was arrested New Braunfels Wednesday morning. "They left my house and they were supposed to go home," Rios said. 3230, 106 L.Ed.2d 578 (1989); San Miguel v. State, 864 S.W.2d 493, 495-96 (Tex.Crim.App.1993), cert. * * * FN10. Information on every contractor in United States. Appellant alleges that the improper inclusion of the instruction rose to constitutional dimension because it informed the jury to consider evidence of intoxication in mitigation of the crime only if that evidence showed that the intoxication was so extreme as to cause appellant to be temporarily insane. On Friday, the Texas Board of Pardons and Paroles refused his clemency petition. 'It's ridiculous. 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. Expressions of sympathy may be sent at www.schaetter.com. 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. They were last seen by friends about 11:15 at night, when they left a friend's apartment to head home, to beat summer curfew at 11:30. 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. A brief summary of the facts will be helpful. Finally, Cantu robbed Ertman of her rings, necklaces, and cash. Peter Cantu then walked in and readily agreed with their recollection of events. 5. the defendant's age and personal circumstances at the time of the offense; at 1096, clearly indicated that an indigent defendant does not have a constitutional right to receive funds to hire his own expert. See Darden v. Wainwright, 477 U.S. 168, 181, 106 S.Ct. However, we reaffirmed the original holding on appeal. Appellant's objections were overruled and the evidence was admitted. Robinson v. State, 851 S.W.2d 216, 232 (Tex.Crim.App.1991), cert. Maybe some satisfaction, but never closure.". Especially the white chick, she looked good, huh, Junior? He was not eligible for the death penalty because of his age, and he did not participate in the murders. HUNTSVILLE, Texas (CBS/KHOU) Murderer Peter Anthony Cantu was executed by the state of Texas Tuesday evening. Owner at Last Note Productions. See Colella v. State, 915 S.W.2d 834 (Tex.Crim.App.1995); McFarland, No. The district court recognized that the prosecution's arguments were harsh, but it concluded that the arguments did not render the trial fundamentally unfair. In search of vegan food, I found a world-class Mendocino inn. 16th murderer executed in Texas in 2010 At one point, Cantu kicked Ms. Pena in the face with his steel-toed boot. They were friends who attended the same high school in Houston, Texas, Waltrip High School. Evid. Both wree sexually assaulted by the gang members, beaten, and strangled. Ertman was robbed of her rings, necklaces, and cash. A rational jury could not have found that appellant did not intend to kill the victim. To be accepted into the gang, Villareal had to fight the other gang members in turn until he passed out. Appellant asserts in his forty-first point of error that the Due Process Clause of the Fourteenth Amendment requires this Court to engage in proportionality reviews of death penalty cases. Below, Cantu additionally argued that the prosecution's sentencing-phase argument improperly limited the jury's consideration of mitigating evidence; however, he has conceded that argument in his present petition and, so far as his mitigation argument is concerned, seeks a COA only on whether Texas's method of presenting mitigation evidence to the jury is unconstitutional. He died in July 1980 at 66 years of age. In response to her friends cries, Jennifer ran back to help, but Cantu grabbed her and dragged her down the hill as well. Other than reurging his assertion that his trial counsel rendered ineffective assistance for failing to object to the prosecution's argument, Cantu raises no additional argument in his petition for COA. has been arrested for allegedly ramming his car into a Dollar General on the East Side, attempting to rob a nearby gas station and then returning to the Dollar General to rob the store a second time. Thus, this evidence is admissible under Texas Criminal Evidence Rule 401. 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. In this review, we do not attempt to determine what a particular jury subjectively believed. Elizabeth was also strangled with her shoelaces, after crying and begging the gang members not to kill them; bargaining, offering to give them her phone number so they could get together again. Log in or sign up for Facebook to connect with friends, family and people you know. However, his request for a mistrial was thereafter denied. Agapito Pete Cantu LUBBOCK-Agapito Pete Cantu left this earth into the loving and gracious hands of Jesus on Dec. 5, 2012. "I think about them. Point of error thirty-two is overruled. 6. whether the defendant was acting under duress or the domination of another at the time of the offense; 106, 133 L.Ed.2d 59 (1995). Frustrated that he was unable to have his turn fighting Villareal, he told the gang members that he wanted to beat the man up. See Lawton, supra. He was friendly and never met a stranger. I love you too Pete, may you find peace wherever you are, finally you are free. He is preceded in death by his brother, Ralph Cantu Rodriguez; uncle, Richard Perez Rodriguez; aunt, Mary Ann Ortiz. We know that Pete Cantu had been residing in El Cerrito, Contra Costa County, California 94530. The police helicopter was flying over the park and this apparently prompted Mr. 'Gonzalez' to make a 911 call, directing the search to move to the other side of the bayou. 1/29/97 -- The Texas Court of Criminal Appeals affirmed Cantus verdict and sentence. Tuilaepa v. California, 512 U.S. 967, 114 S.Ct. * * * 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. It noted that graphic crime scene photographs do not offend due process principles when they serve[ ] to illustrate and make more understandable the officers' testimony which described the [scene] and its condition, and the location and condition of the deceased's body and the nature and extent of the injuries to the deceased. Cantu, 2009 WL 275172, at *23 (alterations in original) (quoting Woods v. Johnson, 75 F.3d 1017, 1039 (5th Cir.1996)). Because we have this procedure set up, do we kill our children? 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". After the belt broke, the killers used her own shoelaces to finish their job. In reviewing the prosecution's argument, [t]he relevant question is whether the prosecutors' comments so infected the trial with unfairness as to make the resulting conviction a denial of due process. Id. 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. At T.C. The records clearly show that such jury argument was not a summation of the evidence, a reasonable deduction from the evidence, an answer to opposing counsel's jury argument, nor a plea for law enforcement. Additionally, the Texas death penalty scheme was found constitutional by the Supreme Court in Jurek v. Texas, 428 U.S. 262, 270-72, 96 S.Ct. Santikos v. State, 836 S.W.2d 631 (Tex.Crim.App. See Rousseau, 855 S.W.2d at 686-87; Felder v. State, 848 S.W.2d 85, 101 (Tex.Crim.App.1992), cert. 2630, 129 L.Ed.2d 750 (1994). Further, the trial court did not admit all of the prosecution's proffered photographs and instead engaged in a process of weighing the probative value of each photograph against its likely prejudicial effect. Pursuant to 28 U.S.C. "Theres no way to ever get closure from this. denied, 516 U.S. 843, 116 S.Ct. ** 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, Fee: In Texas, low oil prices have flatlined the growth in some fortunes, like that of San Antonio natural gas tycoon Rod Lewis . We would like to offer our sincere support to anyone coping with grief. He was born on June 9, 1980, in Stephenville, Texas to Jesus Cantu, Jr. and Maria Acuna. Peter Cantu, on Death Row since 1994, executed by the State of Texas on 17 th August 2010. Medellin said that they "had fun" and that their activities would be seen on the TV news. Cantu's family did not attend his killing. Authorities later linked him and O'Brien to a killing six months before the attack on Ertman and Pena. However, nowhere does appellant tell us specifically which terms he alleges are inadequately defined in the special issues. Four of the other assailants were also convicted of capital murder and sentenced to death. McFarland, 928 S.W.2d at 520. Pedro was born on November 5, 1924 in Floresville, Texas to Vincente and Tiadosa Robles Cantu. Santikos v. State, 836 S.W.2d 631, 633 (Tex.Crim.App. Open it up, look at it. 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. [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. A little thing that I would suggest is that you kind of go in the step of number one, you look to determine is there any mitigation. 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. Your email will not be used for any other purpose. Patricia's estranged husband suffered through a long period of being considered a suspect in his wife's murder. 1977 Herb Ferrill - North Texas State 1978 Oton Guerrero - Pan-American University 1979 Dave Mennen - Houston Baptist 1980 J.C. Trevio, Jr. - Laredo . The inexplicable act of random predation struck a chord among city residents as few other cases. A new season of Texas Metal will air on November 7, 2018, at 9:00 p.m. EST on Velocity. 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. See Davis v. State, 872 S.W.2d 743 (Tex.Crim.App.1994). Funeral arrangements are under the direction of the Schaetter Funeral Home, Fredericksburg. Furthermore, our statutory scheme has not radically changed from the version upheld in Jurek v. Texas, 428 U.S. 262, 96 S.Ct. This means that the new member was required to fight every member of the gang until he passed out and then he would be accepted as a member. Texas Code of Criminal Procedure article 26.05(a) provides that counsel shall be reimbursed for reasonable expenses incurred with prior court approval for purposes of investigation and expert testimony [. 680 following. He was born in Luckenbach, Texas on November 28, 1946, to Pablo and Patricina (Arizola) Cantu. [THE STATE:] And what would he say about that? All Death, Burial, Cemetery & Obituaries results for Pedro Cant Guzmn 2464, 91 L.Ed.2d 144 (1986) ([T]he appropriate standard of review for [a claim challenging the prosecution's closing argument] on writ of habeas corpus is the narrow one of due process, and not the broad exercise of supervisory power. (internal quotation marks omitted)). Chambers v. State, 866 S.W.2d 9, 27 (Tex.Crim.App. Point of error twenty-two is overruled. Testimony showed that Raul lasted through three of the members before briefly losing consciousness. 1029, 154 L.Ed.2d 931 (2003). "At least some of the scumbags are dead. DR#: 999093 2765, 129 L.Ed.2d 879 (1994); McCleskey v. Kemp, 481 U.S. 279, 107 S.Ct. See Photos. Id. 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. Dinkins v. State, 894 S.W.2d 330, 356 (Tex.Crim.App. "They are still in our hearts and prayers.". Appellant's twenty-eighth point is overruled. denied, 510 U.S. 919, 114 S.Ct. 8. character evidence. [WITNESS:] [Appellant], Joe, Junior and Raul. Appellant has shown no particularized need for this study. Point of error thirteen is overruled. 2. Elgin, Texas. Appellant has not done this. 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. By continuing to browse or by clicking "Accept," you agree to our site's privacy policy. 1338, 127 L.Ed.2d 686 (1994); Rogers v. State, 853 S.W.2d 29 (Tex.Crim.App.1993). At 6:09 p.m., lethal injection drugs entered Cantu's body. At 11:30 p.m., Jennifer and Elizabeth decided to head for Elizabeth's house where Jennifer would then call a taxicab to take her home. "He did a horrendous crime to these two girls and he deserved to die. Gentry v. State, 770 S.W.2d 780 (Tex.Crim.App.1988), cert. 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. 55 (5th Cir. Appellant asserts in point of error twenty-eight that his Eighth and Fourteenth Amendment rights were violated by the submission of vague terms in the first two special issues submitted in the punishment phase. Pete Cantu Alyssa Cantu John Alexander, 62 John Alexander, 88. has lived in . Appellant was subsequently convicted of capital murder in February of *631 1994.FN1 Tex. 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. Several of Ertman's ribs were broken from being kicked. 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. He gave no final statement and showed no remorse for his acts. One of the boys boasted of having 'virgin blood' on him. 37.071, 2(e)(1) (1991). To meet the second required showing, Cantu must demonstrate that there is a reasonable probability that, but for counsel's unprofessional errors, the result of the proceeding would have been different, id. 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. In support of his argument, appellant cites this Court to Tison, supra, and Enmund v. Florida, 458 U.S. 782, 102 S.Ct. Appellant then requested and received an instruction to the jury to disregard the comment. Deputies chased the vehicle until it broke down at F.M. Upon the completion of this reading, the trial court stated, To which indictment, ladies and gentlemen, the defendant has entered a plea of not guilty. Appellant's contention on appeal is that either he or his attorney should have actually voiced this plea to the jury. ), we noted that it has long been the law in Texas that evidence of a deceased's good and peaceful character is not admissible unless and until that character is placed in issue by the defendant. On June 24, 1993, the group was conducting a fight-filled initiation ceremony for a prospective member across from. During the closing arguments of the trial's sentencing phase, Cantu's counsel stated: 22 posts. Questions Post Question There are no questions yet for this company. DMCA NoticesNewspaper web site content management software and services. Smith v. State, 898 S.W.2d 838 (Tex.Crim.App.) Furthermore, any error, assuming there was error, was harmless. He let out a final breath at 6:17 p.m. and peacefully died. Peter Cantu is not an animal. On February 4, 2009, the district court denied habeas relief in a particularly thoughtful and thorough memorandum and order. 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The class is further limited in that the death penalty cannot be imposed on an individual convicted of capital murder unless the jury answers the special issues in the manner described in Article 37.071, Section 1, Code of Criminal Procedure. Furthermore, the father, who came upon the bloody scene after the perpetrators had fled, testified about how he had been affected by his son's death and about how he felt sorry for his daughters now. The off-duty deputy, who was charged with driving while intoxicated, had fallen asleep inside the Whataburger before he was found asleep again by a Universal City police officer this time behind the wheel of a running pickup with a cold, open tall boy.Read more: Police: Deputy arrested for DWI ordered burger, fell asleep. Yeah, yeah, I remember that. Point of error thirty-four is overruled. The Forbes 400 net worth cut off this year was a record-high $2 billion. For more information about Border Patrol's Head of the Class Program or Youth of the Year Scholarship, please contact Supervisory Border Patrol Agent Pete Cantu at 956-289-5686. Appellant's counsel responded, Not guilty, Your Honor. After the jury was brought in the next day, the State read the indictment in their presence. "They become everybody's daughter," recalled Don Smyth, a retired Harris County assistant district attorney who had helped prosecute Cantu. denied, 514 U.S. 1005, 115 S.Ct. denied, 506 U.S. 942, 113 S.Ct. at *24. When they tested evidence, O'Brien's fingerprints were matched to some found on a beer can under Patricia's body at the murder scene. ), cert. Cantu and Derrick OBrien were tried before their fellow gang members. Johnson v. State, 604 S.W.2d 128, 135 (Tex.Crim.App.1980) (panel op.). 3. the forethought and deliberateness exhibited by the crime's execution; Five French citizens were arrested at the Bexar County Courthouse after a silent alarm alerted authorities at about 1 a.m. that someone was using one of the historic building's fire escapes. Further, the overwhelming balance of evidence adduced at trial corroborated Cantu's second statement: (1) Roman Sandoval, a fellow gang member, stated that Cantu called him and confessed to the murders; (2) additional gang members stated that they were following whatever Peter Cantu was doing; (3) Venancia Medellin, a gang member, testified that after he raped Ms. Ertman, Cantu whispered in his ear that [w]e're going to have to kill them, and that Cantu then directed the gang to bring the girls into the woods; and (4) while some of the gang members, including Cantu, recounted the events of that evening to Cantu's older brother Joe and his wife Christina, one gang member described how Cantu kicked one of the girls in the face with his steel toe[ ] [boots] while Cantu commented that [t]he bitch wouldn't die so I stomped on her neck and that the girls had to die [so] they couldn't identify them..

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