jennifer ertman autopsy photos

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Tr.

Web490K views 2 years ago.

See Schriro v. Landrigan, ___ U.S. ___, 127 S. Ct. 1933, 1954 (2007); South Carolina v. Gathers, 490 U.S. 805, 818 (1984).

24 at 860.

at 171.

Tr. Respondent's argument finds some support in Supreme Court precedent. Texas law defined mitigating circumstances as "evidence that a juror might regard as reducing the defendant's moral blameworthiness."

or don't show this againI am good at figuring things out. The state habeas court indeed concluded that Cantu had procedurally defaulted any due process objection to the material.

Also, the state habeas court found that appellate counsel did not violate the Constitution by not attacking trial counsel's failure to object. Vol.

The Due Process Clause protects against prosecutorial excess in closing summation. See more ideas about elizabeth pea, jennifer, true Here's why.

Tr.

O'Brien, 156 F. App'x at 736. In closing arguments, trial counsel encouraged the jury to find that Officer Swainson manufactured Cantu's second statement. Without the prosecutorial argument, the jury would not be measurably less likely to impose a death sentence. WebThe rape and murder of Jennifer Ertman and Elizabeth Pea, two teenage girls from Houston, Texas, aged 14 and 16, respectively, occurred on June 24, 1993. Vol. 2254(d)(1). 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. The prosecution's comment in this regard asked the jury to weigh Cantu's fate against that which he delivered to the victims: "[W]hen you consider the defendant and you hear all the facts and circumstances . Before the ruling, however, it was revealed how the brutal brunette beauty had accumulated a stash of X-rated photos while obsessively pursuing her uninterested ex-lover. 2003); Medellin v. Cockrell, No. This federal habeas action follows. During the punishment phase of trial, Cantu claimed that he was less culpable because of a learning disorder, depression, and emotional issues. . State Habeas Record at 261. Family members linked to this person will appear here.

Oops, some error occurred while uploading your photo(s). At trial, Officer Swainson testified that, "[b]ased on the statements that [they] had obtained, it appeared as if maybe there was a possibility [Cantu] didn't reveal his total involvement."

Darden, 477 U.S. at 182.

Aguilar v. Dretke, 428 F.3d 526, 531 (5th Cir.

Drivers Space "In deciding whether a jury could rationally acquit on the capital crime and convict for the noncapital crime, [this Court] must turn to Texas law." why don't you also think in terms of maybe what these girls were thinking about, what their hopes and dreams were, what their wishes were[.]

WebFind a Grave, database and images (https://www.findagrave.com/memorial/7051821/jennifer-lee-ertman: accessed ),

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. The Fifth Circuit first noted that the jury instruction allowed full consideration of the mitigating evidence and otherwise complied with constitutional requirements. 21 at 298.

Vol.

Photos larger than 8Mb will be reduced. Look, you're not even an animal," Ertman uttered in court.

A state court unreasonably applies federal law when it "identifies the correct governing legal rule from [the Supreme Court] cases but unreasonably applies it to the particular facts of the particular state prisoner's case" or when "the state court either unreasonably extends a legal principle from [Supreme Court] precedent to a new context where it should not apply or unreasonably refuses to extend that principle to a new context where it should apply."

Entry No.

(Doc. 24 at 942. Rule 403 of the Texas Rules of Criminal Evidence governs the admissibility of allegedly inflammatory photographs.

"Failure to make the required showing of either deficient performance or sufficient prejudice defeats the ineffectiveness claim." There is 1 volunteer for this cemetery. 28 at 666-67, 673, 770, 793. Also, the state habeas court found that the probative value of the photographs outweighed any prejudicial effect.

Under the appropriate standard, Cantu has not shown that this Court should certify any issue for appellate consideration.

1997); United States v. Harrison, 55 F.3d 163, 167 (5th Cir.

The homicide of Ertman [] Read more.

art. Are you sure that you want to report this flower to administrators as offensive or abusive? 2008); Thacker, 396 F.3d at 617-18; the Cruel and Unusual Punishment Clause, Nealy v. Dretke, 172 F. App'x 593, 597 (5th Cir. Webjennifer ertman autopsy photoswatkins memorial football tickets. 2002); Rudd v. Johnson, 256 F.3d 317, 320 (5th Cir. 37.071 2(f)(4). In light of those conclusions, the state habeas court held that Cantu "fail[ed] to show that trial counsel are ineffective based on the lack of objection to the State's cited punishment[.]" At the time of Cantu's trial, a Texas capital defendant who received a life sentence would become eligible for parole after 35 years of incarceration.

Ortega, 55, is charged . Please ensure you have given Find a Grave permission to access your location in your browser settings.

The jury instructions followed Texas law and cautioned the jury not to speculate on parole during deliberations.

.

Entry No. Williams, 529 U.S. at 407. Vol. Even though Texas' statutory framework inherently allows for the consideration of mitigating evidence, "the context of the proceedings is relevant in determining whether the jury could reasonably have given effect to the mitigating evidence."

After the belt broke, the killers used her own shoelaces to finish their job. Cantu asked the trial court to instruct the jury on three lesser-included offenses: murder, sexual assault, and/or kidnapping. Tr. . might .

the Supreme Court [has] implicitly endorsed it" in Penry II.

In support of this claim, Cantu notes that he gave two statements to the police. The Murder of Jennifer Ertman and Elizabeth Pea.

There are no volunteers for this cemetery. Vol.

Vol. 3.

Congress, through the AEDPA, has constricted both the nature and availability of habeas review. Please reset your password. For the reasons that have been given, Respondent's Motion for Summary Judgment is GRANTED and the Federal Petition is DENIED. Learn more about merges.

The slender green leaves often t

The prosecution responded by comparing the legal process by which Cantu could receive a death sentence to the brutal murders. Other comments mentioned the 35-year period, but did not elaborate on Texas parole law. Fellow gang member Roman Sandoval described how the gang members encountered the two girls and dragged them off to be raped. art. 2004).

21 at 116-11. Cantu emphasizes that the State must afford the jury a vehicle to consider "any aspect of the defendant's character proffered as a basis for the imposition of a sentence less than death." 28 at 786-87. 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. Jennifer Ertman and Elizabeth Pea were walking home from a pool party. This account has been disabled.

Vol.

Strickland only commands relief when an inmate shows a reasonable probability of a different result. Aside from the above-mentioned gang members, Roman Sandoval, Frank Sandoval, and Venancio Medellin were also present at the gang initiation. Id. Vol. Ramdass, 530 U.S. at 169 (emphasis added). Tr. See 28 U.S.C.

HOUSTON, Texas (KTRK) -- T.C.

22 at 394.

State Habeas Record at 261.

This reasoning prevents a "false dilemma by advancing generalized arguments regarding the defendant's future dangerousness while, at the same time, preventing the jury from learning that the defendant will never be released on parole." Respondent asks this Court not to apply Beck to Cantu's claim because, unlike the defendant in that case, Cantu faced a situation where the jury chose between acquittal and a capital conviction, not acquittal and an automatic death sentence.

Jennifer was a victim of homicide. Drivers Space Accordingly, he cast his claims in the form of ineffective-assistance arguments.

21 at 324-27.

After unsuccessfully exhausting his state court remedies, Cantu has filed a federal habeas corpus petition raising twelve grounds for relief. WebPhotos.

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. Instead, they stumbled on to a gang initiation and they were tortured, assaulted and killed. He extended his violent acts into the prison setting.

This case is ripe for adjudication.

The AEDPA gives statutory effect to traditional limits on habeas review.

A petitioner's compliance with the AEDPA alone does not entitle him to habeas relief. Boyde v. California, 494 U.S. 370, 380 (1990); see also Waddington v. Sarausad, ___ U.S. ___, ___ S. Ct. ___, 2009 WL 129033, at *8 (Jan. 21, 2009) (reaffirming the Boyde standard and noting the "especially heavy burden on a defendant who . Feb. 14, 2003); Cantu v. State, 939 S.W.2d 627, 631-32 (Tex.Crim.App.

Sorry! After 21 years, the tragic and unnecessary death of his daughter, Jennifer, still remains an open wound to many of us that knew the Ertmans, and vividly remember what happened to her, and her friend Elizabeth Pena, that late Friday night in 1993, behind Spring Hill Apartments on W. 34th. 2. A capital sentencing scheme must not preclude the jury "from considering, as a mitigating factor, any aspect of a defendant's character or record and of the circumstances of the offense that the defendant proffers as a basis for a sentence less than death." Cantu asserts that the Due Process Clause (claim one), the Eighth Amendment protection against Cruel and Unusual Punishment (claim two), and the Sixth Amendment's Compulsory Process Clause (claim three) required Texas to inform its capital juries about the operation of Texas' parole law.

State Habeas Record at 260. WebVenancio Medellin was part of a group that ambushed Jennifer Ertman, 14, and Elizabeth Pena, 16, as they were walking near TC Jester on June 24, 1993. Thanks for using Find a Grave, if you have any feedback we would love to hear from you. 22 at 396. "Far from rejecting the current scheme regarding mitigation, . Gathers, 490 U.S. at 818.

The Court of Criminal Appeals rejected Cantu's arguments both on direct appeal and on habeas review.

A State must "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." Cantu faults his trial attorneys for not making a federal due process objection when the prosecution introduced the allegedly inflammatory material into evidence. . Vol. It is not likely that, having denied Cantu's objection under the Texas more-probative-than-prejudicial standard, the trial court would find that the challenged material rendered the trial fundamentally unfair under the Due Process Clause. The state habeas court found that "the State's punishment argument referring to the admitted photographs and the injuries shown in such photographs is a summary of the evidence concerning the circumstances of the offense and the complainant's and Elizabeth Pena's resulting injuries, and such argument is a reasonable inference that such photographs are unforgettable to the jury." But not until an anonymous 911 call four days later were the bodies of Jennifer Ertman and Elizabeth Pena finally recovered. Cantu contends that "it cannot rationally be thought that the argument was anything at all but an appeal to the emotions of the jurors and a distraction from the gravity of the rational decision they were called upon to make."

(Doc. Found more than one record for entered Email, You need to confirm this account before you can sign in.

The prosecution also used the allegedly inflammatory evidence to support testimony from: (1) two dentists who identified the victims from dental records and (2) a Harris County Assistant Medical Examiner who performed the autopsy.

Vol. The state habeas court concluded that the allegedly inflammatory statements were not made in error because they "properly summarized the evidence of the circumstances of the offense, made a reasonable inference that the jury would likely never forget those images, and properly presented a plea for law enforcement by urging the jury to `think about the two children in here that all you got left of them is right here.'"

2 at 13.)

based on information from your browser. Cantu himself escorted Ms. Ertman into the woods. Cantu's federal habeas claims require the Court to discuss the particulars of the murders. WebLike most plants, it does best in moist but well-drained soil.

22 at 452-53. In his initial statement, Cantu reluctantly admitted to a limited role in raping and stealing from the girls.

Even if the jury somehow believed only the story from his first statement, Cantu's second statement was not the only evidence showing that he participated in the murders. 21 at 323-24. PRO. (Doc. As manager of this memorial you can add or update the memorial using the Edit button below. Also, the record must contain some evidence that would permit the jury to find the defendant guilty of only the lesser crime. 21 at 210, 257. 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. 2001)); see also Jackson v. Dretke, 181 F. App'x 400, 412 (5th Cir. Federal review of the propriety of lesser-included-offense instructions is not so limited. "[T]he idea of `invited response' is used not to excuse improper comments, but to determine their effect on the trial as a whole." The two were close friends, attended the same high school, lived in the same neighborhood, and enjoyed Nothing in Penry I signaled a wholesale rejection of Texas' special issues, yet the Supreme Court failed to articulate how to determine what evidence evaded Texas' sentencing review.

Neal v. Cain, 141 F.3d 207, 214 (5th Cir. Cantu now bases a significant portion of his habeas petition on the argument that the jury should not have seen photographs of the girls' corpses.

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