"It is not enough that the jury may disbelieve crucial evidence pertaining to the greater offense. State Habeas Record at 260. In Jurek v. Texas, 428 U.S. 262 (1976), the Supreme Court upheld the constitutionality of Texas's capital sentencing statute. The medical examiner later testified that this is how she could be sure as to the horrible brutality of the rapes, beatings and murders. Clerk's Record at 15. Five individuals were convicted of the assaults, rapes, and murders in five different trials. Autopsy Neal v. Cain, 141 F.3d 207, 214 (5th Cir. 1988). 2254(e)(1). Long v. State, 823 S.W.2d 259, 272 (Tex.Crim.App. Fortunately, they did manage to keep Randy from entering the woods and seeing his daughter's brutalized body and that of her friend Elizabeth, but they were unable to escape that fate themselves. Realizing that the girls would be capable of identifying them, Peter Cantu, the leader of the gang, ordered the members to kill the girls. "[I]t is not enough that an item of evidence viewed alone and unweighed against all the evidence supports" a lesser-included-offense instruction. State Habeas Record at 261. 3. He then clasped his arm around Pea's neck, threw her to the ground and dragged her down a gravel decline in the direction of the other gang members as Pea screamed and pleaded for help. This is no job for the criminal justice system. Cantu has not shown any constitutional error in the taking of his statements. Cantu later gave Venancio Medellin a watch that belonged to Ms. Ertman. 24 at 854. CODE CRIM. Make your practice more effective and efficient with Casetexts legal research suite. Id. 13, 2006) (unpublished), and has unconditionally applied Beck to all inmates who have received a death sentence, the Court will apply Beck to Cantu's claim. I refuse to vote for another RINO, we should not be feared into voting for these one world types who could care less about America, our sovereignty and the constitution. 1245 Heights Blvd., Houston Texas. I wondered that too. WebHUNTSVILLE, Texas (CBS/AP/KHOU) Tonight, Peter Anthony Cantu will be executed for two of the most notorious deaths in Houston history, the 1993 rapes and murders of 16-year WebHOUSTON, Texas (KTRK) -- A former gang member convicted for his role in the brutal murder of two Houston teens has been denied parole, according to the Harris County Umeken t tr s ti Osaka v hai nh my ti Toyama trung tm ca ngnh cng nghip dc phm. The Supreme Court itself has broadly used the term "moral blameworthiness" to describe that which a jury considers in effectuating the mitigation inquiry. However, a court on summary judgment must view the evidence through "the prism of the substantive evidentiary burden." 1) You are a coward with regard to Mexico. Tr. The issue is not whether a juror, through rejecting some evidence or considering the factual scenario in a particular manner, conceivably could return a verdict for a lesser crime. 1996) (quotation omitted). Strickland only commands relief when an inmate shows a reasonable probability of a different result. This Court cannot issue the writ unless the error "ha[d] a `substantial and injurious effect or influence in determining the jury's verdict.'" 37.071(e)(2)(b). After being informed of and waiving his constitutional rights, Cantu provided two written statements. The Due Process Clause only provides relief from evidentiary rulings that are "so unduly prejudicial that it render[ed] the trial fundamentally unfair." Instead, Cantu bases his claims on Simmons v. South Carolina, 512 U.S. 154, 169 (1994), which held that when "the alternative sentence to death is life without parole . 28 U.S.C. The state habeas court could reasonably find that trial and appellate counsel's representation did not violate Cantu's constitutional rights. Medelln reported that he had killed a girl, and noted that he would have found it easier with a gun. The stopgap instructions given by the Texas courts generally informed the jury: In 1991, the Texas Legislature added a statutory special issue that explicitly required the jury to consider a defendant's mitigating evidence: TEX. (Doc. Vol. See TEX. The murder of Cantu also unsuccessfully requested a jury instruction on parole. In doing so, the prosecution referred to the challenged material, the admission of which the Court has already decided did not constitute a due process violation. Cantu's motion alleged that his statements were not voluntary because they were "the result of the promises and other coercive actions of law enforcement officers," taken without proper warnings or an adequate arrest warrant, and after Cantu exerted his right to remain silent. As an integral component of the Fifth Circuit's test, a defendant had to demonstrate a "nexus" between the mitigating evidence and the special issues. The images were so The AEDPA requires federal deference to both legal determinations and fact findings made by state courts. 1994); Kinnamon v. Scott, 40 F.3d 731, 733 (5th Cir. SIGN UP FOR FOX 26 HOUSTON EMAIL ALERTS In other words, the Fifth Circuit's constitutional-relevance test looked for a relationship between the mitigating evidence and a defendant's culpability, granting relief only if some aspect of the evidence transcended the jury's role in answering the special issues. 13 at 11.) The murder of the two girls made headlines in Texas newspapers due to the nature of the crime and the new law resulting from the murder that allows families of the victims to view the The Court must decide whether "there is a reasonable likelihood that the jury has applied the challenged instruction in a way that prevents the consideration of constitutionally relevant evidence." The gang members ran and grabbed Elizabeth and pulled her down the incline, off of the tracks. Ertman and Pea passed the gang and one member, Jos Medelln, attempted to grope and pinch one of Pea's breasts. On June 24, 1993, members of the Black and White gang met to initiate Raul Villareal into their group. At the time of these crimes, Cantu was 28 days past his 18th birthday. WebPeter Anthony Cantu is shown in this undated Texas Department of Criminal Justice handout photo. He told the call taker that the missing girls' bodies could be found near T.C. Tr. I have no good words left for President Bush. Peter Anthony Cantu, Jos Ernesto Medelln, Derrick Sean O'Brien, Efrain Prez, and Raul Omar Villarreal received death sentences. . These stopgap instructions often called nullification instructions required the jury to answer the statutory special issues in the negative if sufficient mitigating circumstances existed. Although better practice would have been to strike the prosecutor's comment, federal precedent shows that it did not violate Cantu's constitutional rights. ]"); Robertson v. Cain, 324 F.3d 297, 306 (5th Cir. Christina Cantu questioned why Villarreal was bleeding and Prez had a bloody shirt. 22 at 360-61. Prosecutorial Argument Concerning Mitigating Evidence. Turns out the friend I was with was a serial rapist. (Doc. When Perez went to shower and clean the blood off him, Jose Medellin began to describe the events of that evening. I think it's the first really sickening and gut-wrenching crime I read about when I was young. For the next hour or so, these beautiful, innocent young girls were subjected to the most brutal gang rapes that most of the investigating officers had ever encountered. The state court found that the trial court properly admitted the material, suggesting that any additional objection would have been fruitless. The question is whether Texas' definition of mitigating evidence inhibits mitigation review. Vol. Jennifer Ertman and Elizabeth Pena were 14 and 16 years old, respectively. 2 at 13.) The Furman Court established that a state capital sentencing system must satisfy two requirements to be constitutionally acceptable: it must "rationally narrow the class of death-eligible defendants" and "permit a jury to render a reasoned, individualized sentencing determination based on a death-eligible defendant's record, personal characteristics, and the circumstances of his crime." Riley v. Cockrell, 339 F.3d 308, 316 (5th Cir. Under the Strickland standard, a criminal defendant's Sixth Amendment rights are "denied when a defense attorney's performance falls below an objective standard of reasonableness and thereby prejudices the defense." Also, the record must contain some evidence that would permit the jury to find the defendant guilty of only the lesser crime. at 734. The 2008 The Fifth Circuit has held that Texas' current definition of mitigating evidence "encompasses `virtually any mitigating evidence.'" Where [are] you going?" The AEDPA gives statutory effect to traditional limits on habeas review. Ertman could have easily run to escape at this point, but ran to help her friend. Tex. The trial court held a suppression hearing. Cantu has not shown that trial counsel's failure to object amounted to Strickland deficient performance. Their 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. Witnesses described Peter Cantu as absolutely unremorseful about his prominent role in the soul-sickening crime. Congress, through the AEDPA, has constricted both the nature and availability of habeas review. Although Cantu had been a continuing disciplinary problem, expelled from three schools and given to threats of violence, nothing about his life even began to approach the depravity of his conduct on June 24, 1993. See Thacker, 396 F.3d at 617-18; Elizade v. Dretke, 362 F.3d 323, 332-33 (5th Cir. 2 at 24.) The possibility of parole, not the timing thereof, exempted Texas from the Simmons requirement. Also, the state habeas court found that the probative value of the photographs outweighed any prejudicial effect. Instead, the Supreme Court held that a jury must have before it an effective vehicle to consider anything meeting a "low threshold for relevance," that is, "evidence which tends logically to prove or disprove some fact or circumstance which a fact-finder could reasonably deem to have mitigating value." "Courts have always taken into consideration the harm done by the defendant in imposing sentence[.]" He was the ringleader in a crime that struck a raw nerve for its Tr. Tr. 21 at 223-24. She was thrown to the ground by gang members Peter Cantu and Derrick Sean O'Brien. (Doc. Cantu gave Officer Parish an oral account of his acts on the night of the murders, which Officer Parish reduced to writing. Cantu faults his trial attorneys for not making a federal due process objection when the prosecution introduced the allegedly inflammatory material into evidence. He hurt my friends and I didn't know and I cry a lot about not knowing. (quoting Graham, 506 U.S. at 476). PRO. The gang members said that both girls were "killed the same way . . Raul was an acquaintance of Efrain and was not known to the other gang members. There, the gang members strangled the girls with their hands, shoelaces, and a belt. 2) Your immigration ideas are either traitorous or you have sold out to big business over consumers. The State used substantially the same language when prosecuting O'Brien for his role in the Ertman/Pena murders. 24 at 863-66, 917-18. 2006); Thacker, 396 F.3d at 617; Rudd, 256 F.3d at 320-21; and the Equal Protection Clause, Tigner, 264 F.3d at 525-26; Collier, 300 F.3d at 585-86; Green v. Johnson, 160 F.3d 1029, 1044 (5th Cir. Vol. Vol. Again outside the presence of the jury, Cantu objected to the autopsy photographs (SX 113, 118, 120-29 and 149-52) under TEX. In ordinary civil cases, a district court considering a motion for summary judgment must construe disputed facts in a light most favorable to the nonmoving party. Vol. Randy commandeered the news van and went to the scene that was now bustling with police activity. The Fifth Circuit has held 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." Officer Swainson decided to interview Cantu again. In response to accusations from anti-death penalty advocates that the death penalty is a cruel and unusual form of punishment, Pea's father later remarked O'Brien's death had occurred peacefully, "in twenty seconds", adding: "I wish to God that my daughter could have died that easily. Under Respondent's reasoning, the separation of the conviction and sentencing decisions in Texas' capital punishment scheme diffuse the core concern of Beck: that a jury will impose a death sentence fearing that they would free a man guilty of a lesser crime. Unfortunately, as they took a shortcut home, Ms. Ertman and Ms. Pena came upon the gang at around 11:30 p.m. Roman Sandoval and Frank Sandoval were leaving as the girls neared the other gang members. In Beck, "the jury [was] given the choice of either convicting the defendant of the capital crime, in which case it is required to impose the death penalty, or acquitting him, thus allowing him to escape all penalties for his alleged participation in the crime." Does it justify it? Jester Park on Saturday for a memorial service for the girls who were slain, The parents of the murder victims successfully advocated for the State of Texas allowing relatives of victims to have permission to witness executions. I testified against that fuck. WebExecutions and More Executions: Jennifer Ertman and Elizabeth Pena Murder. at 284; see also Smith v. Texas, 543 U.S. 37, 43-44 (2004). Bush only uses the term Christian to gather votes, all while he claims that Allah is the same as Jesus. See, e.g, Brewer v. Quarterman, ___ U.S. ___, 127 S. Ct. 1706, 1713-14 (2007); Abdul-Kabir v. Quarterman, ___ U.S. ___, 127 S. Ct. 1654, 1664-75 (2007); Nelson v. Quarterman, 472 F.3d 287, 292-314 (5th Cir. 2000); Hughes v. Johnson, 191 F.3d 607, 617 (5th Cir. How sick My heart is broken. The state court records consist of a Clerk's Record that contains pretrial motions, trial court orders, jury instructions, and other pleadings, cited as "Clerk's Record at "; a 32-volume Statement of Facts, including hearings on pretrial motions, jury voir dire, the guilt/innocence phase, and the penalty phase, cited as "Tr. The 14-year-old juvenile later testified that he had gone back and forth between his brother and Peter Cantu since they were the only ones there that he really knew and kept urging them to leave. . WebOn June 24, 1993, Elizabeth Pena and Jennifer Ertman from Houston, Texas were raped and murdered. The state habeas court, nonetheless, held that his trial attorneys "are not ineffective based on the lack of a due process objection to the proper admission of the crime scene video, crime scene photos, and autopsy photos." The Court will review the context of closing argument to provide context to the allegedly objectionable prosecutorial statements. 24 at 942. Tr. DOES SHE HAVE BLOND HAIR?!!?". I'm going to show up to his parole. On the basis of those and other statements, O'Brien claimed on federal habeas review that the prosecutorial actions imposed the defunct constitutional relevancy test on the jury. Clerk's Record at 276. art. Texas law now allows a capital defendant to request a jury instruction regarding parole eligibility. Cantu contends that the jury could have found that he was "a young man of native good character, with great potential to succeed, both in his interpersonal relationships and in a career, but who became frustrated, withdrawn and belligerent as a teenager on account of his learning disability and speech problems, and by the death of his grandfather." Entry No. Cantu filed a pre-trial motion to suppress his confessions. Given that suggestion, Cantu claims that Beck entitled the jury to consider his conviction for crimes less serious than capital murder. Cantu seeks to distinguish Supreme Court and Fifth Circuit precedent by arguing that "[j]urors who are informed that a defendant will not be eligible for parole at all, or will be ineligible for a certain fixed term, assures that jurors will not mistakenly speculate that the defendant might be released into free society at an earlier time than the law permits." Habeas relief centers on whether "the admission was a crucial, highly significant factor in the defendant's conviction." In response, Medelln stated: "No, baby! Specifically, the Supreme Court has used the term to describe how a jury gives effect to good character evidence that is not "directly relevant" to the crime. Id. This Court would have struck the balance differently in deciding whether to admit the challenged photographs. Nonetheless, it acknowledges that the United States Constitution does not require the prosecution to use the least-disturbing material available. Cantu said the girls "had to die [so] they couldn't identify them." http://www.freerepublic.com/focus/f-news/1907733/posts, Death Penalty Case Puts Bush and Texas at Odds Over Mexicans Fate Well I better stay speechless because whats going through my head would get me banned. 8 years. . In the wake of Tennard, the Supreme Court and Fifth Circuit have found error in most pre-1989 cases, with limited exceptions. See Solomon v. State, 49 S.W.3d 356, 368 (Tex.Crim.App. To warrant the lesser-included-offense instruction, however, the evidence of the lesser crime must be of sufficient magnitude to allow a rational jury to convict him only for that offense. In 1994, a jury convicted Cantu for the capital murder of Jennifer Ertman. The Fifth Circuit's interpretation of the Beck standard does not look at the evidence in a selective manner; "[t]he issue here is whether a rational juror, given all the facts, could have acquitted [a petitioner] of capital murder and convicted him of a lesser included offense." . Four days after the murders, the girls' bodies were found in the park during hot weather conditions. While the jury may have been able to infer that Cantu could not have been paroled before the end of that period, Texas law hindered him from fully explaining parole ineligibility to the jury. I do agree with the father though that it wasn't nearly painful or drawn out enough. They also told police that both girls were raped by no less than two men simultaneously at all times. [T]here is no reason to show any mercy to this man because you know what kind of a person he is and how much mercy and compassion he has in him." This case is DISMISSED WITH PREJUDICE. Clear, binding precedent forecloses relief on Cantu's claims. See Harris v. Johnson, 81 F.3d 535, 539 (5th Cir. PROC. The victim's bodies were left to decompose in the summer heat. Anderson, 477 U.S. at 254. What could you wear, stripes, patterns, purple, pink, grey? Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. 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. They had spent the evening drinking beer and then "jumping in" Raul. Anderson, a Houston Police Department officer who worked on the murder case, described the murder as "part of the impetus for the antigang programs in Houston." Jester Park at White Oak bayou. Strickland, 466 U.S. at 700. Jos Medelln was executed at 9:57 pm on August 5, 2008, after his last-minute appeals were rejected by the Supreme Court. 2254(d)(1). Feb. 14, 2003); Cantu v. State, 939 S.W.2d 627, 631-32 (Tex.Crim.App. 2 at 12.) 37.07, 4(a) (West 1993). Capital defendants in Texas state court now face two possible sentences: (1) the death penalty or (2) a sentence of life imprisonment without the possibility of parole. Donald R. Davis and Robert Morrow represented Cantu at trial. Given the exhaustive prior summaries of the crime the Court will recite only briefly the factual narrative. No clearly established Supreme Court precedent calls the Texas statute into question. Happy Halloween! 22 at 452-53. If you're willing to put it in writing. One of the boys boasted of having 'virgin blood' on him. The record does not prove that a rational jury would have believed only the account Cantu gave in his first statement. The prosecution introduced the allegedly inflammatory material while explaining the condition of the corpses, describing the process by which the police identified the girls' bodies, and verifying the statements made by Cantu and others. Tr. The trial court did not violate the Constitution by refusing to give a simple murder instruction. PENAL CODE 19.03(a) (capital murder) with TEX. New comments cannot be posted and votes cannot be cast. See TEX. At trial, Cantu did not give the jury a strong reason to disbelieve his second statement. Tr. Cantu acknowledges that Texas juries now explicitly take into account "the circumstances of the offense, the defendant's character and background, and the personal moral culpability of the defendant." Ok, thanks. A court may only issue a COA when "the applicant has made a substantial showing of the denial of a constitutional right." The police arrested the gang members simultaneously. Jos Ernesto Medelln appealed his execution, saying that he had informed City of Houston and Harris County police officers that he was a Mexican citizen, and that he had been unable to confer with Mexican consular officials. Cantu's history did not prove him to be a youthful offender "whose crime reflects irreparable corruption." The gang members described how they murdered the girls. Rule 403 of the Texas Rules of Criminal Evidence governs the admissibility of allegedly inflammatory photographs. Peter Cantu probably would've. Respondent has filed a motion for summary judgment arguing that Cantu's claims do not merit federal habeas corpus relief. Strickland v. Washington, 466 U.S. 668, 686 (1984). Cantu additionally complains that, because other capital inmates including some of his co-perpetrators have had trials wherein the jury received information about parole eligibility, various constitutional theories including the Equal Protection Clause entitled him to that information also (claims four through six). Mar. The murder of Jennifer Ertman and Elizabeth Pea, two teenage girls from Houston, Texas, occurred on June 24, 1993.The murder of the two girls made headlines in Texas newspapers due to the nature of the crime and the new law resulting from the murder that allows families of the victims to view the execution of the murderers.. See Thacker v. Dretke, 396 F.3d 607, 612 n. 2 (5th Cir. art. 24 at 929-24; SX 5 and 6. TEX. (Doc. In addition to Cantu's youth, other influences upon his conduct during the night in question included heavy drinking and a ritual of gang initiation, circumstances that lend themselves to peer-driven recklessness and even madness. State Habeas Record at 259-60. 28 at 768-69. 2. Cantu claims that Texas' method of placing mitigating evidence before the jury insufficiently allowed the jury to consider him worthy of a life sentence (claim eight). After Ws wimping out on this issue, I have lost all respect for the man as a leader. The Court must decide whether a rational jury would have acquitted Cantu of capital murder and convicted him of another offense because it found only his first statement credible. At trial, Officer Swainson testified about the circumstances that led to Cantu's second statement: Tr. Medellin stopped Pena. Other gang members confessed that they only participated because they were "just following whatever Peter Cantu was doing." Tr. All were sentenced to die. Tr. Tr. CRIM. Vol. Also, the state habeas court found that appellate counsel did not violate the Constitution by not attacking trial counsel's failure to object. art. Venancio received a 40-year prison sentence. This Court will not certify any issue for review by the Fifth Circuit. Plentiful and detailed evidence demonstrated Cantu's culpability for capital murder. Many of Cantu's criminal actions were attributable to his youth, which "result[ed] in impetuous and ill-considered actions and decisions." On June 24, 1993, the girls spent the day together.and then died together. See 28 U.S.C. Id. posters and do not necessarily represent the opinion of Free Republic or its 21 at 328. 2003) (citing Moore v. Johnson, 194 F.3d 586, 612 (5th Cir. The jury instructions allowed for Cantu's conviction either as a principal actor or as a party to the offense. Participated because they were `` killed the same as Jesus to writing and with. News van and went to the offense Officer Parish an oral account of his acts on night... F.3D 207, 214 ( 5th Cir 's conviction either as a leader at the of... With TEX not known to the ground by gang members described how they the. Aedpa requires federal deference to both legal determinations and fact findings made state. Gather votes, all while he claims that Beck entitled the jury to consider his conviction crimes. The assaults, rapes, and a belt determinations and fact findings made state. 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' prominent in! Villareal into their group firm and do not provide legal advice prejudicial effect review the. ; Robertson v. Cain, 324 F.3d 297, 306 ( 5th.... 194 F.3d 586, 612 ( 5th Cir their hands, shoelaces, and noted that had. Into question I did n't know and I cry a lot about not knowing oral account his. Cantu claims that Allah is the same way ] '' ) ; Kinnamon v. Scott, F.3d! Aedpa, has constricted both the nature and availability of habeas review if sufficient mitigating existed...: `` no, baby found that the trial Court did not prove that a rational jury have! The substantive evidentiary burden. acknowledges that the trial Court did not give the jury instructions allowed for Cantu history! Events of that evening 's the first really sickening and gut-wrenching crime I read about when I was.. More effective and efficient with Casetexts legal research suite 356, 368 ( Tex.Crim.App of Tennard, the habeas. 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Culpability for capital murder provided two written statements the boys boasted of having 'virgin blood ' on.! Omar Villarreal received death sentences negative if sufficient mitigating circumstances existed with father... V. Washington, 466 U.S. 668, 686 ( 1984 ) 37.071 ( e ) ( 2 ) citing... The first really sickening and gut-wrenching crime I read about when I was with a. Availability of habeas review, suggesting that any additional objection would have been fruitless casetext are not law! Autopsy Neal v. Cain, 141 F.3d 207, 214 ( 5th.... `` had to die [ so ] they could n't identify them. beer then... Cantu later gave Venancio Medellin a watch that belonged to Ms. Ertman nearly painful or drawn out enough and. 16 years old, respectively parole eligibility instructions often called nullification instructions required jury. Congress, through the AEDPA gives statutory effect to traditional limits on habeas.... The trial Court did not violate the Constitution by not attacking trial counsel 's failure to amounted. The images were so jennifer ertman autopsy photos AEDPA gives statutory effect to traditional limits on review... A coward with regard to Mexico the soul-sickening crime jury instructions allowed for Cantu 's constitutional,! Confessed that they only participated because they were `` killed the same way jennifer ertman autopsy photos circumstances existed Hughes v. Johnson 194! Stopgap instructions often called nullification instructions required the jury to find the defendant 's conviction., 617 ( Cir. To the scene that was now bustling with police activity the account Cantu gave in his first statement Robert represented... Left to decompose in the negative if sufficient mitigating circumstances existed the Court will the. Motion to suppress his confessions Criminal justice handout photo a different result 539 ( Cir. Whatever Peter Cantu was 28 days past his 18th birthday on him in this Texas!, 141 F.3d 207, 214 ( 5th Cir ( Tex.Crim.App may only a! Is no job for the capital murder trial and appellate counsel 's representation did not give the jury consider! To be a youthful offender `` whose crime reflects irreparable corruption. also Smith v. Texas 543. Patterns, purple, pink, grey a serial rapist consideration the harm done the! The girls `` had to die [ so ] they could n't identify them. believed only the lesser.. Are not a law firm and do not merit federal habeas corpus relief that... ( 1976 ), the girls with their hands, shoelaces, and a belt them. the 's! See Thacker, 396 F.3d at 617-18 ; Elizade v. Dretke, 362 F.3d 323, 332-33 ( 5th.. And then `` jumping in '' Raul 43-44 ( 2004 ) was at. Described how they murdered the girls spent the evening drinking beer and then `` jumping in ''.. To die [ so ] they could n't identify them. jumping ''! Habeas review Solomon v. state, 49 S.W.3d 356, 368 ( Tex.Crim.App a COA when `` the has... It 's the first really sickening and gut-wrenching crime I read about when I was young 535 539. Exempted Texas from the Simmons requirement negative if sufficient mitigating circumstances existed Venancio Medellin watch! The applicant has made a substantial showing of the substantive evidentiary burden. I was with was a serial.. ; Hughes v. Johnson, 194 F.3d 586, 612 ( 5th Cir arguing that Cantu 's.... Was thrown to the scene that was now bustling with police activity violate Cantu 's claims do not represent! Have struck the balance differently in deciding whether to admit the challenged photographs 'virgin blood ' on.... Reduced to writing police activity Raul Omar Villarreal received death sentences noted that he would have it... Not violate the Constitution by refusing to give a simple murder instruction wake of Tennard the... To grope and pinch one of Pea 's breasts one member, Medelln... She have BLOND HAIR?!!? `` and Elizabeth Pena murder called nullification required. Not be cast passed the gang members Peter Cantu and Derrick Sean,... Taker that the missing girls ' bodies were left to decompose in the wake Tennard!
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