Shoelaces were used to strangle Pena. Especially the white chick, she looked good, huh, Junior? "It's a little late," Ertman said. The United States District Court for the Southern District of Texas, 2009 WL 275172, denied petition. 8/11/09 -- The federal appeals court affirmed the denial of certificate of appealability. Dec.13, 2006). Failure to make the required showing of either deficient performance or sufficient prejudice defeats the ineffectiveness claim. Strickland, 466 U.S. at 700, 104 S.Ct. A jury found Peter Cantu guilty of capital murder in February 1994 and sentenced him to death. (Citing Armstrong v. State, 718 S.W.2d 686, 697 (Tex.Crim.App.1985)). Done purely to prevent him being caught for the crimes that had been done. Barnes, supra. Two other inmates have 2010 execution dates. 16th murderer executed in Texas in 2010 Pursuant to Tex. 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. 2. Jose Gonzalez, 52, was arrested March 2, 2014, when he tried to smuggle a sword cane in Bexar County Jail to visit his son, currently an inmate at the jail. The court, the attorney representing the state, the defendant, or the defendant's counsel may not inform a juror or a prospective juror of the effect of a failure of a jury to agree on issues submitted under Subsection (c) or (e) of this article. , 45, was charged in the theft of more than $6,400 in sausage from the Kiolbassa Provision Company. Upon the completion of this reading, the trial court stated, To which indictment, ladies and gentlemen, the defendant has entered a plea of not guilty. Appellant's contention on appeal is that either he or his attorney should have actually voiced this plea to the jury. * * * Missing from the list this year are such veteran Forbes 400 members as Red McCombs ($1.25 billion) and T. Boone Pickens ($950 million). Enchiladas, fajitas and a cinnamon bun. Spence v. State, 795 S.W.2d 743, 759 (Tex.Crim.App.1990), cert. Mr. Pedro Cantu, Jr., 87, entered into the presence of his Heavenly Father on Saturday, June 9, 2018. Five French citizens were arrested at the Bexar County Courthouse after a silent alarm alerted authorities at about 1 a.m. that someone was using one of the historic building's fire escapes. 2954, 57 L.Ed.2d 973 (1978). It affected more than just Melissa and me and Randy and Sandy.". As the factfinder, the jury is free to determine which witnesses it finds to be credible and what evidence it deems to be believable. 1422, 122 L.Ed.2d 791 (1993); Tex.R.App. original sound - Pete Cantu. I met Peter through an anti death penalty association that dealt with finding pen pals for prisoners. "I had no idea they would be coming to this." Texas presents the question of mitigating evidence to a jury through article 37.071, sections 2(e)(1) and 2(f)(4) of the Texas Code of Criminal Procedure. Feb.4, 2009). Now, Cantu seeks a COA on five of the issues he raised below. Keller and Womack, JJ., concurred in part, and concurred in result in part. And then ask yourself another question. Pete Cantu, 82. He had assaulted fellow students and a teacher, been kicked out of his regular school, and threatened security personnel at the alternative school to which he had been sent. Point of error thirty-two is overruled. However, we affirmed the original holding on appeal. Evidence at trial also tended to show appellant was the leader of the gang that committed this crime, and this evidence rebutted any implication he acted under duress or the domination of another at the time of the offense. 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. Penry v. Lynaugh, 492 U.S. 302, 109 S.Ct. Zimmerman v. State, 860 S.W.2d 89 (Tex.Crim.App.1993).FN9 Points of error fifteen, sixteen and seventeen are overruled. The Bexar County Sheriff's Office released surveillance video of an attempted burglary on the Northwest Side on May 24, 2016. 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. The gang then drank beer and engaged in horseplay. Even if one disregards the evidence of extraneous offenses, the evidence remaining was sufficient to support the jury's affirmative finding as to the future dangerousness special issue.FN11 Appellant's points of error twenty-one and twenty-three are overruled. Instead of taking her back to her truck, the trio took her to a back parking lot in Melrose Park in Houston, where they took turns raping and sexually assaulting her before stabbing her to death. Petitioner Peter Anthony Cantu, a Texas inmate, was convicted of capital murder and sentenced to death. We have already decided these issues against appellant. The Texas Court of Criminal Appeals affirmed the conviction and sentence in January 1997. We have already decided these issues adversely to appellant. On Friday, the Texas Board of Pardons and Paroles refused his clemency petition. Cantu v. Quarterman, 341 Fed.Appx. Point of error thirty-one is overruled. Visitation for Mr. Pedro Pete Cantu will begin on Sunday, February 2nd from 2:00 till 7:00 P.M. and on Monday, February 3rd from 7:00 A.M. till 1:00 P.M. in the chapel of the Schaetter Funeral Home, Fredericksburg. In regard to points twenty-one and twenty-three, appellant argues that the jury should have been required to identify which unadjudicated offenses they found appellant had committed.FN10 Because they did not, appellant contends, this Court is unable to consider the unadjudicated offenses in its evaluation, thus barring a review of the sufficiency of the evidence of the punishment issues. The district court, in turn, evaluated the state court's conclusion that the arguments were proper under the due process standard. By requiring the jury to at least consider a mitigating factor, the statute would survive constitutional scrutiny. 2597, 115 L.Ed.2d 720 (1991). 1. the circumstances of the capital offense, including the defendant's state of mind and whether he was working alone or with other parties; Cantu v. Quarterman, No. Point of error forty-two is overruled. BCSO spokesman Roseanne Hughes said deputies were serving a warrant in the area and noticed the BMW speeding away from the scene. Date of Birth: 05/27/75 Additionally, the Texas death penalty scheme was found constitutional by the Supreme Court in Jurek v. Texas, 428 U.S. 262, 270-72, 96 S.Ct. Venancio Medellin, who was 14 at the time, was convicted of aggravated sexual assault and sentenced to 40 years in prison. Roman's brother, Frank, and Joe's fourteen-year-old brother, Venancio, were also present. 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. Race: White [WITNESS:] Yes. Instead, the Code of Criminal Procedure simply requires that the State prove each element of a crime beyond a reasonable doubt, whether the jury believes all of the State's evidence or only part of it. In his thirty-fourth point of error, appellant complains that neither he nor his trial counsel was given the opportunity to enter a plea of not guilty to the jury; thus, he contends, his conviction is void ab initio. Two of the six assailants had their death sentences commuted to life in prison when the U.S. Supreme Court barred capital punishment for those who commit crimes under the age of 18. Sam Millsap, a former Texas district attorney, weighs his spotless reputation against the life of Ruben Cantu, a potentially innocent man. [DEFENSE:] Excuse me, [prosecutor's name omitted]. Three of the animals who did this are gone, but you know it doesn't really make you feel any better," Pena said. 1860, 100 L.Ed.2d 384 (1988), which is precisely the case appellant uses as his authority. Is your room clean today? 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. It's not lost on him that Cantu has lived in prison longer than Jennifer and Elizabeth were alive. They had spent the evening drinking beer and then "jumping in" Raul. The medical examiner stated that Patricia was probably on her knees in front of her murderer when she was stabbed, based on the angle of the wounds. 2009). ), cert. His proposal is based upon a similar study undertaken in Illinois in which an expert found that jurors did not understand the Illinois punishment statutes. Pete Cantu. 2023 Holmgreen Mortuary. 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. The record reveals that after the jury was selected, but prior to trial, appellant was arraigned outside the presence of the jury. FN2. Intoxication means disturbance of mental or physical capacity resulting from the introduction of any substance into the body. Hence, any error will only be reversible if it was so egregious and created such harm that appellant did not have a fair and impartial trial. Some of the girls' jewelry was recovered from his bedroom. 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. Mr. Pedro "Pete" Cantu of Luckenbach, Texas passed away on Friday, January 31st, 2014 in the Hill Country Memorial Hospital in Fredericksburg, Texas at the age of 89 years. "Put it this way: I wish my daughter could have died the way he died today. Id. "It does make a little difference. Raul Villareal, 17, was being initiated into the Black and White gang, led by Cantu, then 18. A memorial was erected to them at Waltrip High School, which they attended. On the night of June 24, 1993, this gang met to initiate a new member, Raul Villareal. 563, 126 L.Ed.2d 463 (1993); Boyd v. State, 811 S.W.2d 105 (Tex.Crim.App.1991). * * * Cantu kicked Elizabeth in the face with his steel toe boots, knocking out several teeth, and he stepped on Jennifers neck until she stopped moving. Seventeen years after taking part in one of the most heinous crimes in Houston history, Peter Cantu was executed tonight in Huntsville. As we stated above in point of error twelve, when challenging the constitutionality of a statute: Hair Color: Black 52(a); see Davis v. State, 872 S.W.2d 743, 748, n. 11 (Tex.Crim.App.1994). Peter Cantu was the self-appointed leader of a gang in Houston that met on the night of June 24, 1993, to initiate a new member, Raul Villareal. Your email will not be used for any other purpose. 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)). Thus, we turn to an analysis of whether the second prong of the test is met for any of the requested lesser included offenses. See, e.g., Thacker v. Dretke, 396 F.3d 607, 617 (5th Cir.2005); Elizalde v. Dretke, 362 F.3d 323, 332-33 (5th Cir.2004); Woods v. Cockrell, 307 F.3d 353, 361 (5th Cir.2002). Tex.R.App. Two of Cantu's companions in the gang they dubbed the Black and White preceded him to the death chamber. ", Randy and Sandra Ertman did not speak to the press. She screamed. She'd been raped and eviscerated. 3202, 105 L.Ed.2d 709 (1989); Tucker v. State, 771 S.W.2d 523, 530 (Tex.Crim.App.1988), cert. He married Dominga Arizola in 1945. The owner of the law office noticed money was missing and set up a security camera to catch the thief, an arrest affidavit said. Twelve of the fastest street racing teams in America are taking to a secret road in Wyoming to compete for $300,000 and a chance to call themselves the fastest in America. Because appellant did not specify at trial which complaint he was asserting, his objection was not sufficiently specific to preserve review on appeal. 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. The extraneous offenses that were admitted included: Dr. Robert Cantu, chief of neurosurgery at Emerson Hospital in Concord, Mass., and one of the nation's foremost authorities on concussions and brain trauma in youth sports, called the decision to . The trials of Efrain Perez, Raul Villarreal and Jose Medellin were held simultaneously, with common witnesses shuttling from one courtroom to the other. Both Tison and Enmund were concerned with the implementation of the death penalty on defendants who were not proven to have an intent to kill. See Peltier v. State, 626 S.W.2d 30 (Tex.Crim.App.1981); Ex parte Sewell, 742 S.W.2d 393 (Tex.Crim.App.1987); Essary v. State, 53 Tex.Crim. (806) 763-8400. 1339, 113 L.Ed.2d 271 (1991). 6. whether the defendant was acting under duress or the domination of another at the time of the offense; 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. denied, 510 U.S. 829, 114 S.Ct. Police traced the 911 call to the Cantu home, and Joe passed on what he knew. 2/5/09 -- Cantu appealed to the United States Court of Appeals for the Fifth Circuit. He is a child, he is eighteen, and that's what this is about. 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. He also parceled out the jewelry and money he took from the girls. 401 and therefore irrelevant in the context of the special issues under Art. 2/23/98 --- Cantu filed an application for state writ of habeas corpus. The vague references to 35 years in questioning the above-discussed witness were certainly not sufficient to inform the jury of the law. On appeal, appellant claims that the entire testimony of Pena's mother was inadmissible at the punishment stage of trial. 1338, 127 L.Ed.2d 686 (1994); Butler v. State, 872 S.W.2d 227, 240 (Tex.Crim.App.1994), cert. The confessions of the gang members that were used at trial indicated that there was never less than 2 men on each of the girls at any one time and that the girls were repeatedly raped orally, anally and vaginally for the entire hour. denied, 507 U.S. 975, 113 S.Ct. With $53,000 being the highest bid for the 332-mile supercharged 1/2-ton, it moved on for a . McFarland, 928 S.W.2d at 520. Any subsequent references to Articles are to those in the Texas Code of Criminal Procedure unless otherwise identified. 1115, 130 L.Ed.2d 1079 (1995); McFarland, supra. Johnson v. State, 803 S.W.2d 272, 292 (Tex.Crim.App.1990), cert. Chambers v. State, 866 S.W.2d 9, 27 (Tex.Crim.App. at 688, 690, 104 S.Ct. | $26.50 paid to City of San Antonio, Texas, Description: 1871, 128 L.Ed.2d 491 (1994). The individual breaking into the home punches the window, suffers a a vicious cut to the hand and runs off. Narvaiz v. State, 840 S.W.2d 415, 431 (Tex.Crim.App.1992), cert. We have previously addressed and rejected constitutional challenges to prior Article 37.071(g) on numerous occasions. What did he say? Appellant has shown no particularized need for this study. Specifically, appellant wanted to ask veniremembers if they could hold the State to the burden of proof of beyond a reasonable doubt. 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