Points of error thirty-seven and thirty-eight are overruled. Tex.Code Crim. See Photos. A jury found Peter Cantu guilty of capital murder in February 1994 and sentenced him to death. THE COURT: Overruled. 2658, 125 L.Ed.2d 290 (1993). In fact, by the very language of the statute, it requires a jury to consider all of the evidence. See Davis v. State, 872 S.W.2d 743 (Tex.Crim.App.1994). Extraneous offenses are only a portion of the evidence a jury is allowed to consider. He asserts that the nexus requirement set out by this Court in cases like Lackey v. State, 819 S.W.2d 111, 135 n. 10 (Tex.Crim.App.1989), Mines v. State, 852 S.W.2d 941 (Tex.Crim.App.1992),FN4 Richardson v. State, 879 S.W.2d 874 (Tex.Crim.App.1993), and Willingham v. State, supra, is no longer valid in light of the post- Penry sentencing scheme.FN5 He conclusorily states that, while a nexus was required under these post- Penry, pre-statute cases, this should no longer be the law in light of the enactment of Article 37.071, Section 2(e).FN6. Questions Post Question There are no questions yet for this company. He. Pete Cantu in TX - Address & Phone Number | Whitepages Santikos v. State, 836 S.W.2d 631 (Tex.Crim.App. 600, 121 L.Ed.2d 537 (1992). Additionally, the district court denied a certificate of appealability (COA), sua sponte, on all of the issues raised by Cantu. 2630, 2639, 129 L.Ed.2d 750 (1994); Anderson v. State, supra at 508-09). Appellant contends the State opened the door to testimony about parole eligibility in its cross-examination of Prof. James Marquart of Sam Houston State University by mentioning various capital murder defendants who committed violent crimes while in prison as well as two who committed murders after their release from prison. The Forbes 400 net worth cut off this year was a record-high $2 billion. 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. 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, Article 36.14, V.A.C.C.P.-The trial court shall deliver to the jury a written charge distinctly setting forth the law applicable to the case [. For instance, a special instruction is not mandated under our law requiring a jury to affirmatively answer whether they believed witness A, but not witness B. The law as to mitigation and otherwise comes from the jury charge rather than from argument of counsel. Fortunately, they did manage to keep Randy from entering the woods and seeing his daughter's brutalized body and that of her friend Elizabeth. We therefore deny a COA on this issue. Texas Metal is a reality TV program first debuted on 7th November 2018 on Velocity. Cantu did not make a final statement. 2187, 129 L.Ed.2d 133 (1994), to the circumstances in this case. 84 Lumber Store Manager Pete Cantu in Lubbock, Texas, was awarded Manager of the Year at a ceremony Friday March 10, 2017. Once dead, the girls' bodies were left in the woods, and the gang members proceeded to Cantu's home, where they bragged of their crime to Cantu's brother and sister-in-law. I met Peter through an anti death penalty association that dealt with finding pen pals for prisoners. Infamous Houston Murders Still Shock After Decades | Houston Press (Habeas). Pedro Cantu Obituary (2019) - Denham Springs, LA - The Advocate Finally and in the alternative, the district court noted that Cantu was not prejudiced by his counsel's failure to object because of the significant amount of punishment-phase evidence demonstrating Cantu's violence and the slim chance of his rehabilitation. In points of error twenty-one and twenty-two, appellant challenges the sufficiency of the evidence to support the jury's answers to the issues on future dangerousness and mitigation. We will address the points as they are presented to us. He became notorious for trying to kick a TV cameraman recording his arrest. Zimmerman was remanded by the United States Supreme Court to review in light of Johnson v. Texas, 509 U.S. 350, 113 S.Ct. FN3. Pete Cantu Rodriguez, born on January 16, 1964 in San Antonio, TX was called to be with The Lord on August 19, 2020 at the age of 56. When Pena screamed, Ertman ran back to try to help her friend, but Cantu grabbed her and dragged her down the hill as well. Before moving to Central Texas, Michael worked as a digital content producer and later flourished into a news reporter at KCBD NewsChannel 11. [APPELLANT:] May we have a running objection to the out of court statements, judge? FN2. A belt of the same type that was used to kill Jennifer Ertman was found underneath Patricia's neck. All Rights Reserved. Finally, Cantu contends that he received ineffective assistance because his trial counsel failed to object when the prosecution urged the jury to consider the graphic photographs in its sentencing-phase argument. Does it justify it? As a custom automotive shop we strive to serve our customers with the highest quality, most reliable builds in the industry. 400, 413-14 (5th Cir.2006); O'Brien v. Dretke, 156 Fed.Appx. Peter Anthony Cantu is a 35 year old Hispanic male, scheduled to be executed on August 17th in Texas. We concluded that the trial court's decision to admit this testimony was not an abuse of discretion in that such testimony was within the zone of reasonable disagreement of evidence relevant to sentence. To meet the first required showing, Cantu must demonstrate that his counsel's representation was unreasonable as determined by prevailing professional norms in light of the case's facts as viewed at the time of counsel's conduct and in light of our strong presumption that counsel rendered adequate assistance. 22 posts. Leave your condolences to the family on this memorial page or send flowers to show you care. They then used Ertman's shoelaces to finish strangling her. He gave the police the names of all of the perpetrators, except for new initiate Villareal, who he did not know. Notwithstanding this, the Ake Court, 470 U.S. at 83, 105 S.Ct. "I don't mean this in a gruesome way, but if they want to make the death penalty a deterrent, up in front of (Houston) City Hall, they've got all these beautiful trees. 440, 256 S.W.2d 86, 88 (1953); Tutor v. State, 599 S.W.2d 818, 819 (Tex.Crim.App.1980). The second best result is Peter Cantu age 30s in San Antonio, TX in the Park Village neighborhood. 2216 91st St, Lubbock, TX 79423 921 Adrian St, Lubbock, TX 79403 2311 49th St, Lubbock, TX 79412. Johnson v. State, 604 S.W.2d 128, 135 (Tex.Crim.App.1980) (panel op.). When Jennifer and Elizabeth failed to come home that night, the Ertman and Pena families began searching for them. 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. Do you think that if Mr. Ertman or Mr. Pena or Mrs. Ertman or Mrs. Pena had come on up on the scene and said to Peter and his gang don't kill that child, don't kill that child, would he have listened? 84 Lumber. 433, 130 L.Ed.2d 345 (1994). Appellant specifically complains of the emphasized portion of the following argument: [THE STATE:] [I would] [l]ike to talk to you briefly about the issue of mitigation[.] The State did not directly or indirectly accuse counsel of suborning perjury or manufacturing evidence, as appellant claims in his brief. Medellin and O'Brian each apologized prior to their respective executions, but Pena said he did not expect an apology from Cantu on his deathbed and he was not surprised when he did not get one. Hair Color: Black That is when Cantu, now 35, is set to die by lethal injection in Hunstville. All cuzz them fine ass girls you all wanted to fuck. Members of the gang, including Cantu, then began a vicious sexual assault of the girls. Jester Park when Ertman, 14, and Pena, 16, crossed their paths while taking a shortcut home. FN1. Thus, this evidence is admissible under Texas Criminal Evidence Rule 401. 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Some of the girls' jewelry was recovered from his bedroom. 16th murderer executed in Texas in 2010 At the time of Cantu's trial, 2(e)(1) stated: The court shall instruct the jury that if the jury returns an affirmative finding to each issue submitted under Subsection (b), it shall answer the following issue: Whether, taking 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, there is a sufficient mitigating circumstance or circumstances to warrant that a sentence of life imprisonment rather than a death sentence be imposed. Thus, we do not consider the argument on appeal. The owner of the law office noticed money was missing and set up a security camera to catch the thief, an arrest affidavit said. FN2. Authorities later linked him and O'Brien to a killing six months before the attack on Ertman and Pena. 801(e)(2)(B), as appellant, by his actions and responses, readily agreed with them. Points of error eighteen and nineteen are overruled. Mental or physical incapacity caused by intoxication means that the defendant's mental capacity was so disturbed from the introduction of a substance into his body that the defendant either did not know that his conduct was wrong or was incapable of conforming his conduct to the requirements [sic] of the law he allegedly violated. Pete Cantu Profiles | Facebook Appellant alleges in point of error seven that the trial court reversibly erred in allowing the State to impeach defense witness Beatrice Martinez on a collateral matter. 1987 Peter "Pete" Cantu 1988 Jay Smith 1989 Don Valdez 1990 Butch Vickers & David Uribe 1991 Hector Sandoval 1992 Refugio "Cuco" Escobedo 1993 George Wright John Cantu Sr. | Obituaries | victoriaadvocate.com 1756, 95 L.Ed.2d 262 (1987). . Archived from the original on June 2, 2022. denied, 506 U.S. 999, 113 S.Ct. of Criminal Justice) HUNTSVILLE, Texas (CBS/AP/KHOU) Tonight, Peter Anthony Cantu will be executed for two of the most notorious deaths in Houston. 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. All of the boys then took turns stomping on both girls' necks to make sure they were dead. Appellant objected that this was improper impeachment on a collateral matter. However, because his last objection was specifically to hearsay, we will address the point on this ground. See Rousseau, 855 S.W.2d at 686-87; Felder v. State, 848 S.W.2d 85, 101 (Tex.Crim.App.1992), cert. (Page 2) 12/13/06 -- The Texas Court of Criminal Appeals denied state habeas relief. Here's a Rundown of Each Team Competing in STREET OUTLAWS - Discovery A memorial was erected to them at Waltrip High School, which they attended. Appellant's thirty-ninth and fortieth points of error are overruled. ), cert. Point of error thirty-two is overruled. 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. Date of Offense: 06/24/93 ), cert. Because our analysis involves a review of the district court's resolution of Cantu's constitutional claims, we must take account of the deferential lens through which the district court evaluated those claims. Today you all came out on TV again and it said that their parents are trying to do everything they can to give you all the death penalty, even Yuni, but I don't think so because that's when we go out and take our asses on strike. Cantu showed little emotion at his conviction and death sentence and had no reaction when Randy Ertman, Jennifers father, was allowed to make a victim impact statement at the end of the trial. * * * Raul Villareal, 17, was being initiated into the Black and White gang, led by Cantu, then 18. 1087, 84 L.Ed.2d 53 (1985), the United States Supreme Court recognized that due process requires that a defendant have access to the raw materials integral to the building of an effective defense. Jester, both busy streets. 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. Therefore, we hold the first prong is met as to each offense. The other gang members present were Derrick O'Brien, 18; Jose Medellin, 18; Efrain Perez, 17; and Roman Sandoval. Viva Cristo Rey! For those who so desire you may make memorial contributions in his memory to the charity of your choice. Of the six people convicted, five were sentenced to death. Dec.13, 2006). 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. The state court concluded that Cantu's counsel's performance was not deficient because the prosecution's statements were proper under Texas law and did not inject new or harmful facts into the trial in light of the record as a whole. That evidence, including youth and mental health testimony, may only be considered by you as mitigation of his punishment. We held: See Penry v. Johnson, 532 U.S. 782, 803, 121 S.Ct. PETE CANTU REAL ESTATE INC in San Antonio, TX | Company Info & Reviews Company Information Sponsored Links Company Contacts PETE CANTU Agent 2722 N Zarzamora St San Antonio, TX Reviews Write Review There are no reviews yet for this company. Petitioner Peter Anthony Cantu, a Texas inmate, was convicted of capital murder and sentenced to death. 71,557, slip op. In support of his argument, appellant cites this Court to Tison, supra, and Enmund v. Florida, 458 U.S. 782, 102 S.Ct. Please submit missing details you may have. 17. Is there a connection between what they try to give to you as mitigation, is there some connection between that and the crime itself, when you think of what you discovered to possibly be mitigating.
