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These complaints occurred at punishment, and thus had no effect upon guilt/innocence. At 6:09 p.m., lethal injection drugs entered Cantu's body. In point of error forty-five, appellant claims that his death sentence should be overturned because racial discrimination continues to taint the Texas sentencing scheme in violation of the Eighth Amendment and the Equal Protection Clause of the Fourteenth Amendment. 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. Point of error thirty-two is overruled. Santikos v. State, 836 S.W.2d 631 (Tex.Crim.App. ] (Emphasis added.). Webb, 760 S.W.2d at 268; Tucker, 771 S.W.2d at 530. Pete Cantu in Texas(TX) - Found at 36 Cities - CocoFinder Robinson v. State, 851 S.W.2d 216, 232 (Tex.Crim.App.1991), cert. On appeal, appellant claims that the entire testimony of Pena's mother was inadmissible at the punishment stage of trial. the Art. Pedro Cantu - IMDb 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. In Rousseau, 855 S.W.2d at 673, we established a two-prong test to determine whether a defendant is entitled to a charge on a lesser included offense. In points of error one and two, appellant complains that the trial court erred in overruling his challenge to the Texas death penalty scheme. Enter 9/19/07 -- Cantu filed his federal habeas corpus petition in a Houston U.S. district court. The law should be provided by the trial court in the jury charge, not by questioning the witnesses. Defendant was convicted upon jury verdict in the District Court, Harris County, William Harmon, J., of capital murder and was sentenced to death. "He's a guy who fully accepts his responsibility.". TikTok video from Pete Cantu (@petecantu3): "Pulled this out the drafts #fyp #disneyparents #blowthisup". Associated Phone Numbers. In 1994, a Texas jury convicted Peter Cantu of capital murder and sentenced him to death for the murder of Jennifer Ertman. 17. Peter Cantu, on Death Row since 1994, executed by the State of Texas on 17 th August 2010. Specifically, appellant wanted to ask veniremembers if they could hold the State to the burden of proof of beyond a reasonable doubt. Texas Metal's Custom Trucks Bag $310,750 at Mecum Auctions Houston Elgin, Texas. Gender: Male 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. FN6. We hold that the same analysis applies to the new statute and appellant has given us no reason to revisit this issue. Randy commandeered the news van and went to the scene that was now bustling with police activity. Follow. The extraneous offenses that were admitted included: At age 11, he got caught stealing a bike from a younger boy. 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. Pursuant to Tex. 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. Both of these claims are governed by the familiar Strickland standard. Following this ritual, the boys drank beer, then they headed toward some nearby railroad tracks. Appellant did not object to the inclusion of this instruction in the charge. Find the obituary of Pete Cantu Rodriguez (1964 - 2020) from San Antonio, TX. Tex.Code Crim. Patricia's estranged husband suffered through a long period of being considered a suspect in his wife's murder. What Happened to Heath From 'Texas Metal'? Is Heath Moore on TV? 2052, and, notably, the mere possibility of a different outcome is not sufficient to prevail on [this] prong, Crane v. Johnson, 178 F.3d 309, 312 (5th Cir.1999). Conversely, jury argument must be extreme or manifestly improper, or inject new and harmful facts into evidence to constitute reversible error. Nevertheless, such error is subject to a harm analysis. Your email address will not be published. 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. Houston's deadliest day: A string of mayhem and the families left behind FN2. Point of error forty-one is overruled. Weight: 135. denied, 514 U.S. 1117, 115 S.Ct. Moore v. State, 935 S.W.2d 124, 130 (Tex.Crim.App.1996). "Billy Eichner Romantic Comedy 'Bros' Moves To Fall After 'Mission: Impossible 7' Re-Assignment To 2023". Petitioner filed application for certificate of appealability (COA). Jester Park when Ertman, 14, and Pena, 16, crossed their paths while taking a shortcut home. 3047, 111 L.Ed.2d 511 (1990); Lawton v. State, 913 S.W.2d 542 (Tex.Crim.App.1995); McFarland, supra. Ertman rejected an invitation from Cantu's lawyer to come to his office and read a letter of apology from Cantu. Joe Cantu also testified as to the conversation of Joe, Efrian and Raul concerning the events of that night. At one point, Cantu kicked Ms. Pena in the face with his steel-toed boot. When Pena screamed, Ertman ran back to try to help her friend, but Cantu grabbed her and dragged her down the hill as well. In his thirty-second point of error, appellant alleges that the second special issue on punishment is facially unconstitutional in violation of the United States Supreme Court decision of Tison v. Arizona, 481 U.S. 137, 107 S.Ct. Instagram Contact Us Check out some new shirts! denied, 492 U.S. 912, 109 S.Ct. He married Dominga Arizola in 1945. Pedro G "Pete" Cantu (1938-2011) - Find a Grave Memorial Because appellant did not specify at trial which complaint he was asserting, his objection was not sufficiently specific to preserve review on appeal. Tuilaepa v. California, 512 U.S. 967, 979-80, 114 S.Ct. 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. Your email address will not be published. Therefore, if he asserts that any evidence presented during the guilt/innocence phase constitutes inadmissible victim impact evidence, he has not preserved that complaint for appellate review. See Penry v. Johnson, 532 U.S. 782, 803, 121 S.Ct. Focus for the victims' families now turns to the remaining three killers. 724, 735-36 (5th Cir.2005). Texas Metal - Full Cast & Crew - TV Guide The district court highlighted that the Supreme Court has itself refused to extend Simmons's holding beyond when, assuming the jury fixes the sentence at life, the defendant is ineligible for parole under state law. Ramdass v. Angelone, 530 U.S. 156, 166, 120 S.Ct. After ransacking the office, Alva noticed the camera and disconnected it, but did not remove the memory card. And Cantu's brother, upset at the gang's gloating about having fun with the girls, called police. (AP August 17, 2010). He became notorious for trying to kick a TV cameraman recording his arrest. FN3. During its jury argument at punishment, the State did not even mention her testimony, much less emphasize it. Nowhere will you find the court instructing you that you have to find any evidence that you've heard in this case mitigating. And, finally, in point twenty-seven, appellant alleges that the scheme is unconstitutional as applied in that the future dangerousness issue does not encompass consideration of the act or conduct that formed the basis of conviction in any meaningful or standardized manner. Appellant combines all three of these points into one argument in which he basically alleges that the special issues do nothing to insure that the sentencer's decision was not an act of unbridled discretion.. SAN ANTONIO A man suspected of stealing an unmarked Bexar County Sheriffs Office cruiser during a chase Tuesday was arrested New Braunfels Wednesday morning. Please submit missing details you may have. They questioned Joe Cantu, who identified himself as both the 9-1-1 caller and the Crimestoppers tipster. Before moving to Central Texas, Michael worked as a digital content producer and later flourished into a news reporter at KCBD NewsChannel 11. 4/19/10 -- The U.S. Supreme Court denied Cantus petition for certiorari review. Unfortunately, he revealed on Instagram . See Photos. The State then cross-examined this witness about several death row prisoners committing subsequent violent crimes, and two, including the infamous and notorious Kenneth McDuff, getting out on parole and committing murders. He is a child, he is eighteen, and that's what this is about. Dinkins v. State, 894 S.W.2d 330, 356 (Tex.Crim.App. Pete Cantu in Texas. 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. The lethal injection was started, and he was pronounced dead at 6:17 p.m. "Cantu executed for 1993 deaths of Houston teens," by Mike Tolson. pete cantu texas metal. The suggestion, given the context in which it was made, cannot be characterized as a misstatement of the law, even assuming, arguendo, appellant's assertion on this point is correct. The State mentioned the 35-year period that defense counsel had talked about and asked the witness about the jury's concerns being not about what's going to happen 35 years from now but rather what's going to happen in the next day, the next week, the next month, the next year. In light of that questioning mentioning situations of capital murder defendants, including Kenneth McDuff, being paroled and committing murders, it was even more critical that the jury be informed of the law, i.e. denied, 495 U.S. 940, 110 S.Ct. The indictment or information shall be read to the jury by the attorney prosecuting. There is no reason to treat such evidence differently than other relevant evidence is treated. The witness replied in the negative. 381, 121 L.Ed.2d 292 (1992). And 17 years later he died not soon enough. [WITNESS:] Yeah. 4. the existence of a prior criminal record, and the severity of the prior crimes; People named Pete Cantu. 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. Valerie Nicole is the only woman working at Ekstensive Metal Works, and needless to say, she is enjoying her work. 2023 Holmgreen Mortuary. Id. Appellant was tried under the 1992 version of Article 37.071.FN8 Since appellant has simply made a global argument as to all capital defendants since the 1970's, and has not shown us how his specific rights were violated by application of the statute, his contentions are without merit. 81(b)(2); Harris v. State, 790 S.W.2d 568, 587-588 (Tex.Crim.App.1989); Smith v. State, 919 S.W.2d 96, 102-03 (Tex.Crim.App.1996). "They become everybody's daughter," recalled Don Smyth, a retired Harris County assistant district attorney who had helped prosecute Cantu. County of Offense: Harris Peter Cantu bragged to friends and family about being the ringleader of the gang rape and murder of 14-year-old Jennifer Ertman and 16-year-old Elizabeth Pena in 1993. This version went into effect September 1, 1991. Please spare his life. Pete will be remembered for his infectious laugh and loving personality. denied, 510 U.S. 1215, 114 S.Ct. at 49. Cold, cruel, inhuman, and yet he has his attorney saying don't kill the child. Appellant then requested and received an instruction to the jury to disregard the comment. 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. According to the police, after beating a woman and attempting to steal her car on the city's West Side on Feb. 18, 2015, three suspects could not figure out the vehicle's push-button ignition. However, no such evidence exists. 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. M. Pena explained to the jury the events surrounding her daughter's disappearance and the family's effort to find her. 600, 121 L.Ed.2d 537 (1992). They have also lived in Marion, TX. As the evidence previously set out illustrates, appellant was the self-appointed leader of this gang. His own statement to a co-defendant expressly showed that he intended that the girls be killed, and testimony as to appellant's actions revealed his active participation in the killings. Roman's brother, Frank, and Joe's fourteen-year-old brother, Venancio, were also present. The owner of the law office noticed money was missing and set up a security camera to catch the thief, an arrest affidavit said. A State may legitimately conclude that evidence about the victim and about the impact of the murder on the victim's family is relevant to the jury's decision as to whether or not the death penalty should be imposed. 1338, 127 L.Ed.2d 686 (1994); Rogers v. State, 853 S.W.2d 29 (Tex.Crim.App.1993). He objected that this evidence was not relevant to the special issues and was more prejudicial than probative. FN11. * * *. 4/21/10 -- The 178th District Court set Cantus execution date for August 17, 2010. The court shall charge the jury that in answering the issue submitted under Subsection (e) of this article, the jury: He was friendly and never met a stranger. After the initiation concluded, two girls-Jennifer Ertman and Elizabeth Pena-stumbled upon the group. @pete.cantu.777. Peter Cantu in TX - Address & Phone Number | Whitepages Appellant asked for a running objection as to this line of questioning. Appellant kicked Elizabeth in the face with his steel toe boots, knocking out several teeth, and he stepped on Jennifer's neck until she stopped moving. "Two beautiful young girls," Goode says. Tex.R.App. (internal quotation marks omitted). See Rousseau, 855 S.W.2d at 686-87; Felder v. State, 848 S.W.2d 85, 101 (Tex.Crim.App.1992), cert. denied, 510 U.S. 1215, 114 S.Ct. Deputies chased the vehicle until it broke down at F.M. However, none of these cases stand for the proposition that this plea must be made by appellant or his counsel, personally. Know more about Cantu Roofing? "They are still behind us. The murders of Elizabeth Pena and Jennifer Ertman affected Houston deeply. Point of error twenty-nine is overruled. ; Keeton v. State, 724 S.W.2d 58, 61 (Tex.Crim.App.1987) ( Keeton I); Heiselbetz v. State, 906 S.W.2d 500, 507-508 (Tex.Crim.App.1995). 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. Specifically, appellant requested the following instructions: Appellant appeared happy and amused by the conversation and readily agreed with the recollection of events. 81(b)(2). Owner at Last Note Productions. 22 posts. Derrick Sean O'Brien was executed in July 2006. THE COURT: Yes, sir. He was pronounced dead at 6:17 p.m. 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 law as to mitigation and otherwise comes from the jury charge rather than from argument of counsel. Id. ), cert. There is no evidence that must be viewed by a juror as being per se mitigating. LAST NOTE PRODUCTIONS-Pete Cantu part 2 of 4 - YouTube I'd do the same thing if I was in his position. 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. Even if we assume that the prosecutor's statement was an improper comment, we conclude it was not so egregious that it was not cured by the instruction given to the jury to disregard it. This allegation was addressed and answered by the United States Supreme Court in Jurek v. Texas, 428 U.S. 262, 96 S.Ct. In light of the record as a whole, the error in precluding the jury from being informed about the parole ineligibility provision was no doubt harmless. Peter Cantu then walked in and readily agreed with their recollection of events. denied, 507 U.S. 975, 113 S.Ct. Cantu then sought state post-conviction relief. Meanwhile, Jennifer Ertman and sixteen-year-old Elizabeth Pena, who were visiting a girlfriend, decided to head home, taking a shortcut across the railroad tracks. Naomi "Pete" Johnson Cantu (1918-2012) - Find a Grave Memorial She had been stabbed and slashed in the abdomen, throat and back and strangled. Cantu's final two arguments are both framed as claims of ineffective assistance of counsel. During this arraignment, the State read the indictment, and the court asked appellant how he pled. 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. * * * The 14-year-old, Venancio Medellin, was handled in juvenile court and given the maximum sentence, split between juvenile and adult prison facilities. The court overruled his objection. A jury is permitted to look at several factors in its review of future dangerousness including, but not limited to: 1910, 150 L.Ed.2d 9 (2001) (using the clearly drafted catchall instruction of Texas Code of Criminal Procedure article 37.071 2(e)(1) as a frame of reference to compare its brevity and clarity against the confusing nature of the supplemental instruction given in that case). The plea of not guilty may be made orally by the defendant or by his counsel in open court. Banda v. State, 890 S.W.2d 42, 54 (Tex.Crim.App.1994), cert. After unsuccessfully appealing his conviction in state court and failing to obtain state post-conviction relief, Cantu filed a petition for habeas corpus in the United Stated District Court for the Southern District of Texas. Missing from the list this year are such veteran Forbes 400 members as Red McCombs ($1.25 billion) and T. Boone Pickens ($950 million). Feb.4, 2009). Cantu v. State, 939 S.W.2d 627 (Tex.Crim.App.1997). Choose one of our three Metal Depot locations in Southeast Texas for all of . See Article 36.15; Tex.R.App. Pete Cantu, age 41, passed away on Tuesday, February 15, 2022, in Orange Grove, Texas. 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. The girls encountered Roman and Frank Sandoval as they made their way home, but managed to pass them without incident. Martinez was fifteen years old and testified that she had known appellant for approximately three years and went out with him and mutual friends almost every weekend. This article is the substantial equivalent to the pre-1991 Article 37.071(g) which we have previously held to be constitutional on numerous occasions. 1339, 127 L.Ed.2d 687 (1994), Nelson v. State, 864 S.W.2d 496, 498 (Tex.Crim.App.1993), cert. * that appellant threatened to kill an officer of the law; and Visit Website. Find Pete Cantu's phone number, address, and email on Spokeo, the leading people search directory for contact information and public records. Petitioner Peter Anthony Cantu, a Texas inmate, was convicted of capital murder and sentenced to death. While a police helicopter was flying over the park, Cantu called 9-1-1 and told them to look on the other side of the bayou. Messages run for up to one year and you While a complete account of the facts is available in the district court's memorandum and order denying Cantu's federal habeas petition, we briefly summarize the grisly details that led to Cantu's conviction. In 1946, Pete initially started as a messenger boy for Western Union. 385, 133 L.Ed.2d 307 (1995); Broxton v. State, 909 S.W.2d 912 (Tex.Crim.App.1995); Sonnier v. State, 913 S.W.2d 511 (Tex.Crim.App.1995). Cantu was described as the leader of small gang known as the Black and Whites. 1029, 154 L.Ed.2d 931 (2003). The Texas Court of Criminal Appeals affirmed Cantu's conviction in a direct appeal on January 29, 1997. 1.tu chaparrita 2.mi linda ilusion 3.al cien 4.me aleje de ti 5.acercate (feat. For purposes of the Eighth Amendment, at least, there was no need for further factfinding at the punishment phase of trial. 946, 952 (5th Cir.2004) (emphasis added); cf. 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. Santikos v. State, 836 S.W.2d 631, 633 (Tex.Crim.App. Appellant asserts in his thirtieth point of error that the 12-10 rule of Article 37.071 2(d)(2) and 2(f)(2) violates the Eighth Amendment to the United States Constitution.
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