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@pete.cantu.777. * * * See also Green, supra. Pleasanton Express Staff Does it rise to that level? 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. Pena, however is not the victim for whose death appellant has been indicted and tried, and Payne does not contemplate admission of such evidence as permissible under the Eighth Amendment. Appellant objected to the attack over Counsel's shoulder, which objection the trial court sustained. Please spare his life. STREET OUTLAWS: FASTEST IN AMERICA premieres Monday, October 19 at 8p on Discovery. 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 [THE STATE:] So, at some point did they move on from talking about what they did to them sexually and tell you that they killed them? Capital One Plaza 5718 Westheimer, Suite 1750 701 Brazos, Suite 1500 Houston, Texas 77057 Austin, Texas 78701 Counsel for Defendant [D/Guerra, L.P. 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. 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. Hence, appellant's point of error thirty is overruled. [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. Hence, appellant's first and third requested charges set out above would have been misstatements of the law. 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. Provide a detailed review of this contractor: ** 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, $26.50 paid to City of San Antonio, Texas, Re-roof permit no change in pitch deck or tile roof to comply w/udc and irc codes, City of San Antonio, TX Licensed Contractors. 174, 130 L.Ed.2d 110 (1994); Penry v. Lynaugh, 492 U.S. 302, 109 S.Ct. "Its good that they wont be forgotten," Frausto said. * that appellant threatened to kill an officer of the law; and FN3. 2(f)(4). Under AEDPA, habeas relief is unavailable on any claim adjudicated on the merits in state court unless the state court's adjudication (1) resulted in a decision that was contrary to, or involved an unreasonable application of, clearly established Federal law, as determined by the Supreme Court of the United States, or (2) resulted in a decision that was based on an unreasonable determination of the facts in light of the evidence presented in the State court proceeding. 28 U.S.C. The initiation involved fighting each member of the gang for a five to ten minute period. 16th murderer executed in Texas in 2010 "He has matured remarkably," said Robin Norris, his appeals lawyer. See Harris v. State, 827 S.W.2d 949, 961-963 (Tex.Crim.App. A visitation will be held from 10:00 AM to 11:00 AM with a Holy Rosary to be recited at 11:00 AM on Monday, February 21, 2022 at Holmgreen Mortuary, 2061 E. Main St., Alice, TX. He let out a final breath at 6:17 p.m. and peacefully died. Medellin later complained that "the bitch wouldn't die" and that it would have been "easier with a gun". 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. Point of error nine is overruled. The medical examiner later testified that this is how she could be sure as to the horrible brutality of the rapes, beatings and murders. See, Broxton v. State, 909 S.W.2d 912, 923 n. 3 (Tex.Cr.App.1995) (Overstreet, J., dissenting). Chambers v. State, 866 S.W.2d 9, 27 (Tex.Crim.App. Pete Cantu (1914 - 1980) - El Cerrito, California. See also Morris v. State, 940 S.W.2d 610, 615 (Tex.Crim.App.1996). denied, 510 U.S. 997, 114 S.Ct. Summary of incident: Convicted in the abductions and murders of Jennifer Ertman, 14, and Elizabeth Pena, 16, in Houston. The individual breaking into the home punches the window, suffers a a vicious cut to the hand and runs off. 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. The second best result is Peter Cantu age 30s in San Antonio, TX in the Park Village neighborhood. Best Match Powered by Whitepages Premium AGE 80+ Pete Cantu Edinburg, TX Aliases Pedro O Cantu View Full Report Addresses N 19th Ave, Edinburg, TX Point of error thirty-three is overruled. Because the consideration and weighing of mitigating evidence is an open-ended, subjective determination engaged in by each individual juror, we conclude that Article 37.071 2(f)(4) does not unconstitutionally narrow the jury's discretion to factors concerning only moral blameworthiness as appellant alleges. Pursuant to the jury's answers to the special issues set forth in Texas Code of Criminal Procedure art. Neither party disputes that murder, sexual assault, robbery, and kidnapping are lesser included offenses of capital murder for purposes of the instant case. If they hung all five of them, that would be a deterrent. Whether to grant a COA is a threshold inquiry that involves an overview of the claims in the habeas petition and a general assessment of their merits but does not require full consideration of the factual or legal bases adduced in support of the claims. Id. The group then headed towards some nearby railroad tracks. Hence, his point presents nothing for our review.FN12 Tex.R.App. 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. However, he contends that a meaningful review of the mitigation issue is impossible. The excerpt was also relevant as to the witness' credibility as it contradicted her testimony that she did not find the murders of Jennifer Ertman and Elizabeth Pena somehow funny or amusing. Nevertheless, such error is subject to a harm analysis. And in point four, appellant contends that the trial court erred by denying appellant the right to question jurors about their ability to consider the 35 calendar year condition on a life sentence. See Photos. The admission of such evidence would open the door to admission of victim impact evidence arising from any extraneous offense committed by a defendant. The gang continued drinking and 'shooting the breeze' for some time and then decided to leave. All data is collected from public records. Section 2(f)(4) stated: [THE STATE:] They were all saying that? 1977 Herb Ferrill - North Texas State 1978 Oton Guerrero - Pan-American University 1979 Dave Mennen - Houston Baptist 1980 J.C. Trevio, Jr. - Laredo . 2052, 80 L.Ed.2d 674 (1984). 563, 126 L.Ed.2d 463 (1993); Boyd v. State, 811 S.W.2d 105 (Tex.Crim.App.1991). He was frustrated that he had been the one who was unable to fight Raul. Points one and two claim constitutional error in the trial court denying his requested punishment jury charge instruction informing the jury that pursuant to Article 42.18, 8(b)(2), V.A.C.C.P., a prisoner serving a life sentence for capital murder is not parole eligible until the actual calendar time served, without consideration of good conduct time, equals 35 calendar years. They pulled on the belt, one boy on each side, until the belt broke. Wasn't no pain. ADDITIONAL LINKS We think about those girls every day. 12/13/06 -- The Texas Court of Criminal Appeals denied state habeas relief. Description: Proc. Texas Metal (2017-2021) Full Cast & Crew See agents for this cast & crew on IMDbPro Series Writing Credits Series Cast Series Produced by Series Music by Series Cinematography by Series Film Editing by Series Production Management Series Sound Department Series Camera and Electrical Department Series Casting Department Series Editorial Department The Forbes 400 net worth cut off this year was a record-high $2 billion. At this point, the Sandoval brothers decided that it was time to leave. 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. * * * 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. "Three of the animals that did this are gone. denied, 513 U.S. 1157, 115 S.Ct. 1337, 127 L.Ed.2d 685 (1994). Pursuant to 28 U.S.C. 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. The person not sentenced to death, 14 at the time, got a 40-year sentence. The Texas Court of Criminal Appeals affirmed the conviction and sentence in January 1997. at 2609. Both wree sexually assaulted by the gang members, beaten, and strangled. Preceded in death by his parents, five brothers: Isidro, Ben, Jacinto, Tiofilo, and Pablo Cantu, four sisters: Janie Arguijo, Julia Flores, Frances Arguijo, Lupe Cantu, grandson: Matthew Cantu, four greatgrandchildren: Rosando Cantu, Emily Marquez, Jacob Benitez, Jasmine Cadena. Venancio Medellin, who was 14 at the time, was convicted of aggravated sexual assault and sentenced to 40 years in prison. Situando a esta denied, 506 U.S. 942, 113 S.Ct. However, the protesters in attendance did little more than annoy the families. Of the six people convicted, five were sentenced to death. "I think about them. In related points of error fifteen, sixteen and seventeen, appellant argues that the trial court erred in denying his requested charges that the jury must give effect to mitigating evidence and that the jury must consider youth and mental health as mitigating. The totality of appellant's argument and authorities is as follows: Rousseau, 855 S.W.2d at 687, n. 26. Thus, this evidence is admissible under Texas Criminal Evidence Rule 401. ), cert. 81(b)(2). Information on every contractor in United States. Both expressed regret for their role in the killings. The special pleas, if any, shall be read by the defendant's counsel, and if the plea of not guilty is also relied upon, it shall also be stated. Director 2 Credits. All of the participants were then arrested, and, while in custody, Cantu provided two written statements to the police. 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. Graveside services and interment followed in the St. Marys Catholic Cemetery. Evidence at trial showed appellant's actions with respect to this offense were of a calculated and deliberate nature. Mr. Pedro Cantu, Jr., 87, entered into the presence of his Heavenly Father on Saturday, June 9, 2018. Barnes, 876 S.W.2d at 322. Cantu's final two arguments are both framed as claims of ineffective assistance of counsel. original sound - Pete Cantu. Funeral Home website by. "At least some of the scumbags are dead. It is not enough that the jury may disbelieve crucial evidence pertaining to the greater offense. Pete T. Cantu Obituary We are sad to announce that on February 15, 2022 we had to say goodbye to Pete T. Cantu in Orange Grove, Texas, born in Stephenville, Texas. He has a whole business dedicated to handmade car interiors. The district court concluded that the state court's rejection of this argument was not an unreasonable application of federal law, and we conclude that reasonable jurists would not disagree with that determination. You know what damage was done to their bodies. [WITNESS:] At that time [appellant] walked in, and when he walked in they were still talking about it, and [appellant] didn't say he did anything except he just kept agreeing with it. The parents of Ertman and Pena, supported by other family members and friends, looked on as Cantu stared straight up toward the ceiling, taking one deep breath before he closed his eyes. Very brutal, very slow, tortured, a senseless killing. "He deserved to die, and 17 years later he died. He objected that this evidence was not relevant to the special issues and was more prejudicial than probative. Because of repeated behavioral problems, Cantu had been in an alternative school since sixth grade. 1871, 128 L.Ed.2d 491 (1994). Two who were 17 when the girls were killed were spared the death penalty when the U.S. Supreme Court barred execution of people who were under 18 when they committed their crimes. Occupation: Laborer denied, 516 U.S. 946, 116 S.Ct. Cantu v. State, 939 S.W.2d 627 (Tex.Crim.App.1997). 2382, 65 L.Ed.2d 392 (1980). To violate due process, an evidentiary ruling must result in a denial of fundamental fairness, and improperly admitting evidence will only justify habeas relief if the admission was a crucial, highly significant factor in the defendant's conviction. Neal v. Cain, 141 F.3d 207, 214 (5th Cir.1998).FN3. [WITNESS:] When one of them said, I made her suck my dick, he said, oh, yeah, I did that. 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. The death penalty in general is immoral, uncivilized, cruel, inhumane, barbaric, unjust and vengeful. denied, 510 U.S. 919, 114 S.Ct. Spare his life, please, ladies and gentlemen of the jury. Do we kill our children when you know they needed help, when you know they're a problem, when you know there are problems? 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. Specifically, appellant complains of the following argument: Evidence showed Cantu kicked one of the girls in the face with his steel-toed boot. 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. Several witnesses testified appellant had a history of violent behavior and offenses. The families also watched the executions of Jose Medellin and Derrick O'Brian in 2008 and 2006. FN9. Elliott v. State, 858 S.W.2d 478 (Tex.Crim.App. Christina subsequently convinced her husband to report the incident to the police. Cold, cruel, inhuman, and yet he has his attorney saying don't kill the child. Seven minutes later, O'Brien was dead. Intoxication means disturbance of mental or physical capacity resulting from the introduction of any substance into the body. "Just a bad, bad case.". 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. 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.). A reading of the record of the cross-examination shows appellant is mistaken: the State's emphasis was on appellant's future dangerousness while in prison. 1997). We have already decided these issues against appellant. The families filed missing persons reports with the Houston Police Department and continued to look for the girls on their own. [WITNESS:] Yes. Looking at the evidence in the light most favorable to the jury's verdict, the record reveals the following facts: Appellant was the self-appointed leader of a gang called the Black and Whites in Houston. 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. Texas Rule of Criminal Evidence 610(b) provides: a witness may be cross-examined on any matter relevant to any issue in the case, including credibility. The trial court has discretion as to the extent of cross-examination of a witness for the showing of bias or as to credibility, and its decision is not subject to reversal on appeal absent a clear abuse of discretion. Maybe some satisfaction, but never closure.". See Photos. Moore v. State, supra at 128, 128-09). 2658, 125 L.Ed.2d 290 (1993). (Page 2) Questions Post Question There are no questions yet for this company. Based on all of this evidence, the state court determined that a reasonable jury would not acquit Cantu of capital murder and convict him of the lesser-included offenses. 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. 2630, 2639, 129 L.Ed.2d 750 (1994). 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. He became notorious for trying to kick a TV cameraman recording his arrest. (Citing Armstrong v. State, 718 S.W.2d 686, 697 (Tex.Crim.App.1985)). can stop at any time. With $53,000 being the highest bid for the 332-mile supercharged 1/2-ton, it moved on for a . 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 Woods, 75 F.3d at 1039. 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. He was friendly and never met a stranger. 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. Sonnier v. State, 913 S.W.2d 511, 520-21 (Tex.Crim.App.1995); McFarland v. State, 928 S.W.2d 482 (Tex.Crim.App.1996). Weight: 135. Ertman rejected an invitation from Cantu's lawyer to come to his office and read a letter of apology from Cantu.