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. All Rights Reserved. See Article 36.15; Tex.R.App. Appellant walked in as the rest were recounting their exploits to his older brother and sister-in-law, Joe and Christina Cantu, in graphic detail. Appellant's fourteenth point of error is overruled. We have already addressed this issue and decided it adversely to appellant's position. Mrs. Naomi (Pete) Cantu of Waxahachie, 94, passed away July . The statements in question made in the presence of appellant were admissible as adopted admissions under Tex.R.Crim. While he generally discusses each special issue, he never argues or provides authority as to why this makes the statute's operation unconstitutional as applied to him. , 45, was charged in the theft of more than $6,400 in sausage from the Kiolbassa Provision Company. The second special issue submitted to the jury and of which appellant now complains reads in pertinent part as follows: She's been a part of the famous Texas Metal cast since the beginning. We deny a COA on this issue. 3202, 105 L.Ed.2d 709 (1989); Tucker v. State, 771 S.W.2d 523, 530 (Tex.Crim.App.1988), cert. 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 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. As the recitation of the facts set out in the beginning of this opinion shows, the circumstances surrounding this crime were horrendous. On the night of 24 June 1993, a group of teenage boys gathered at T.C. Pedro Cantu. 1. FN1. Two other inmates have 2010 execution dates. Cantu asked them if they wanted to get some, but Roman told him that he did not rape or kill girls. Appellant further remarks that this Court has said that it can and should interpret the Texas Constitution in a more expansive manner than the federal constitution and cites us to several cases for this proposition. Missing from the list this year are such veteran Forbes 400 members as Red McCombs ($1.25 billion) and T. Boone Pickens ($950 million). Evid. The record reveals that M. Pena was one of over thirty witnesses who testified at punishment, and her testimony before the jury comprised less than twenty pages out of over 700 pages of testimony at punishment. The State did not directly or indirectly accuse counsel of suborning perjury or manufacturing evidence, as appellant claims in his brief. 55 (5th Cir. Education: GED Ayesha Gani. Sheet Metal Worker. The initiation involved fighting each member of the gang for a five- to ten- minute period. Point of error thirty-two is overruled. 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. Penal Code 8.04, the trial court submitted the following instruction to the jury in the punishment charge: She'd been raped and eviscerated. Seventeen years after taking part in one of the most heinous crimes in Houston history, Peter Cantu was executed tonight in Huntsville. I met Peter through an anti death penalty association that dealt with finding pen pals for prisoners. He was on the first three seasons of the show, but in the latest one, he's nowhere to be seen. Derrick Sean O'Brien was executed in July 2006. 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. One of the deputies exited his vehicle and chased after Cantu, who then doubled back to the deputy's vehicle and drove off into Comal County. These factors are also helpful in this Court's evaluation of this question. He was born in Luckenbach, Texas on November 28, 1946, to Pablo and Patricina (Arizola) Cantu. Contrary to Cantu's argument, we have previously concluded that this language does not prevent the jury from considering relevant, mitigating evidence. 52(a); see Davis v. State, 872 S.W.2d 743, 748, n. 11 (Tex.Crim.App.1994). Randy commandeered the news van and went to the scene that was now bustling with police activity. Accordingly, appellant waived any error by his failure to object to the procedure used by the trial court in its entering of his plea before the jury. * * * The group then headed towards some nearby railroad tracks. Profile. Each of these requested charges should have been submitted to the jury to correct the otherwise unconstitutional nature of the issue on mitigation as discussed in Point of Error Fourteen. Cantu's final two arguments are both framed as claims of ineffective assistance of counsel. First, he asserts that he received ineffective assistance because his trial counsel failed to object on due process grounds-though counsel did object on evidentiary grounds-to the court's admitting photographs of the victims' bodies and of the crime scene as found by the investigators. Rosary for Mr. Cantu Sr., 86, of Abernathy, Texas, will be. 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. 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. It is clear that the excerpt from the letter was admissible to show the witness' strong bias in favor of appellant. We have held that, to constitute proper jury argument, the argument must encompass one (or more) of the following: (1) summation of the evidence presented at trial, (2) reasonable deduction drawn from that evidence, (3) answer to the opposing counsel's argument, or (4) a plea for law enforcement. His only supporters were a handful of death penalty abolitionists who showed up to protest capital punishment in general. Antonio "Tony" Arizola Cantu 74, passed away on Sunday, June 13, 2021, in San Antonio. Failure To Object To Prosecution's Argument. Zimmerman v. State, 860 S.W.2d 89 (Tex.Crim.App.1993).FN9 Points of error fifteen, sixteen and seventeen are overruled. 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. See Heitman v. State, 815 S.W.2d 681 (Tex.Crim.App.1991). Smith v. State, 898 S.W.2d 838 (Tex.Crim.App.) The extraneous offenses that were admitted included: 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. He was on probation for assault in connection with an incident at the Astrodome parking lot in which he threatened another youth with a knife. [APPELLANT:] May we have a running objection to the out of court statements, judge? Specifically, appellant complains of the following argument: 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. 3. the forethought and deliberateness exhibited by the crime's execution; 28 U.S.C. TikTok video from Pete Cantu (@petecantu3): "Pulled this out the drafts #fyp #disneyparents #blowthisup". The vague references to 35 years in questioning the above-discussed witness were certainly not sufficient to inform the jury of the law. When Peter Cantu saw Jenny and Elizabeth, he thought it was a man and a woman and told the other gang members that he wanted to jump him and beat him up. H-07-CV-3016, 2009 WL 275172 (S.D.Tex. The jury's finding of guilt satisfied Tison and Enmund. Cantu, then 18, orchestrated the attacks and slaying. 55 (5th Cir. denied, 510 U.S. 1215, 114 S.Ct. A capital sentencer need not be instructed how to weigh any particular mitigating fact in the capital sentencing decision. * * *. The death penalty in general is immoral, uncivilized, cruel, inhumane, barbaric, unjust and vengeful. We think about those girls every day. Evidence concerning her sexual assault, robbery and murder is admissible as same transaction contextual evidence. Peter Anthony Cantu, 35, was executed by lethal injection on 17 August 2010 in Huntsville, Texas for the rape and murder of two teenage girls. 52(a); Janecka v. State, 823 S.W.2d 232, 243-244 (Tex.Crim.App.1990). See also Ulster County Court v. Allen, 442 U.S. 140, 154-155, 99 S.Ct. "Parents always worry about their kids, especially their daughters.". denied, 510 U.S. 1215, 114 S.Ct. . . Do we kill our children when you know they needed help, when you know they're a problem, when you know there are problems? It should also be noted that the statements were made in the presence of appellant's brother (a gang member himself) and his sister-in-law and thus the speakers reasonably felt they could confide in them and had no motivation to lie or place the blame for the crime on someone else. Second, he argues that his trial counsel rendered ineffective assistance for failing to object to the prosecution's sentencing-phase argument urging the jurors to look at the admitted photographs. Pete Cantu, age 41, passed away on Tuesday, February 15, 2022, in Orange Grove, Texas. Notwithstanding this, we hold that evidence concerning the sexual assault, robbery, and murder of Pena is admissible at guilt/innocence as same transaction contextual evidence to impart to the trier of fact information essential to understanding the context and circumstances of the offense. When the rapes finally ended, the horror was not over. denied, 513 U.S. 1157, 115 S.Ct. LAST NOTE PRODUCTIONS-Pete Cantu part 2 of 4Elgin's 23rd annual Hogeye Festival elgin Texas 10-23-2010. In light of the district court's thorough analysis, we cannot say that reasonable jurists would disagree with that determination and, therefore, deny a COA on this issue. Excessive . (Habeas). Furthermore, once the sentencer has found that the defendant is a member of the class made eligible for the death penalty, it may be given unbridled discretion in determining whether the death penalty should be imposed. Eye Color: Brown Maybe some satisfaction, but never closure.". 2216 91st St, Lubbock, TX 79423 921 Adrian St, Lubbock, TX 79403 2311 49th St, Lubbock, TX 79412. 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. See Free v. Peters, 19 F.3d 389 (7th Cir. Specifically, appellant requested the following instructions: WebPete Cantu was born on April 9, 1914. Peter Cantu, on Death Row since 1994, executed by the State of Texas on 17 th August 2010. "He's a guy who fully accepts his responsibility.". 155, 130 L.Ed.2d 94 (1994): We held: 2630, 2639, 129 L.Ed.2d 750 (1994). They were spotted by the group, pulled off the tracks and taken into nearby woods where they were sexually assaulted. 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. Elliott v. State, 858 S.W.2d 478 (Tex.Crim.App. Also gone is natural gas pioneer George Mitchell, who passed . The jury is not required to specifically identify what evidence it specifically uses to find that a fact is true beyond a reasonable doubt, and extraneous offenses should not be an exception to this. Extraneous offenses are only a portion of the evidence a jury is allowed to consider. The Mexican-American community was outraged by the death and Torres's family demanded justice. 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. Among them was Melinda Rios, who said the girls had been at her home that night for a small party with her daughters. The bodies were found six days later after Cantus brother, using an alias, phoned police. He has declined to speak with reporters as his execution date neared. The gang at the Texas company Ekstensive Metal Works build some of the most creative rides found anywhere. denied, 513 U.S. 967, 115 S.Ct. 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)). See Heitman, supra. Building Materials. When the police followed this suggestion, they found the badly decaying bodies of Jenny and Elizabeth. His second requested charge is also a misstatement of the law in that Penry v. Lynaugh, 492 U.S. 302, 109 S.Ct. Appellant contends in his forty-fourth point of error that Article 37.071 2(a),FN13 which prohibits the judge and the parties from informing the jury of the effect of a failure of the jury to agree on their answers to the special issues, violates the Eighth and Fourteenth Amendments to the United States Constitution. Id. Jester, both busy streets. He told the police that the girls' bodies could be found in T.C. Because appellant did not specify at trial which complaint he was asserting, his objection was not sufficiently specific to preserve review on appeal. However, because his last objection was specifically to hearsay, we will address the point on this ground. THE COURT: Overruled. They also knew they would have to pass a sexually-oriented business on that route and so decided to take a well-known shortcut down a railroad track and through a city park to Elizabeth's neighborhood. The group then headed towards some nearby railroad tracks. Joe Cantu also testified appellant agreed with everything that was being said about the rapes and killing, nodding his head and saying, [Y]eah daddy, you got it.. Your Honor, we object to the suggestion that there has to be a nexus between the mitigation and the returning of a verdict which would result in a life sentence. The crime was committed on or about June 24, 1993. [THE STATE:] Who said we had to kill them? Cantu v. Quarterman, 341 Fed.Appx. It was a death the victims' families said was too good for the man who brought a violent and terrifying end to the lives of two teens 17 years ago. He became notorious for trying to kick a TV cameraman recording his arrest. The other gang members present were Roman Sandoval, Joe Medellin, Efrian Perez, and Derrick Sean OBrien. denied, 512 U.S. 1246, 114 S.Ct. We conclude that reasonable jurists would not disagree on this matter. "I told him to stick it. 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.
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