jennifer ertman autopsy photos

2003) (finding that 28 U.S.C. Respondent claims that, although the trial court would not instruct the jury on the operation of Texas parole law, "the jury knew that a life sentence meant he would be eligible for parole after serving thirty-five years." 2007). . The trial court denied the motion to suppress. As the Court of Criminal Appeals observed: "For a rational jury to find that appellant was guilty only of murder, some evidence must exist in the record that appellant did not commit sexual assault, robbery, or kidnapping or did not kill during the commission of or in the immediate flight from committing any of these offenses." 22 at 579, 596-98, 603-06. Vol. Vol. 'You're not even an animal,' in the courtroom of Judge Bill Harmon, on Wednesday, Feb. 9, 1994, When the Supreme Court of the United States banned the executions of people who committed crimes while they were below 18 years of age, the sentences of Prez and Villarreal were automatically commuted to life in prison. The rapes and murders of Jennifer Lee Ertman and Elizabeth Christine Pea, two teenage girls from Houston, Texas, aged 14 and 16, respectively, 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 Cantu's federal habeas petition raises twelve interrelated claims that the Court summarizes as follows: Cantu exhausted each of his claims in state court. Because a reasonable jury would find that Cantu's second statement fully agreed with the other overwhelming evidence against Cantu, the Court of Criminal Appeals was not unreasonable in holding that the facts of this case did not entitle him to a lesser-included-offense instruction. Consideration of Mitigating Evidence Under Texas Law. This prompted Medelln to say the gang "had fun" and that details would appear on the news. Robertson, 324 F.3d at 304 (quoting Brecht v. Abrahamson, 507 U.S. 619, 629 (1993)); see also Aleman v. Sternes, 320 F.3d 687, 690-91 (7th Cir. Cantu, Medelln, Prez, and Villarreal then met at Cantu's residence, where he lived with his brother, Joe Cantu, and sister-in-law, Christina Cantu. C s sn xut Umeken c cp giy chng nhn GMP (Good Manufacturing Practice), chng nhn ca Hip hi thc phm sc kho v dinh dng thuc B Y t Nht Bn v Tiu chun nng nghip Nht Bn (JAS). Cantu has not shown that the trial court erred by refusing to instruct his jury on the operation of Texas parole law. Cantu, 939 S.W.2d at 647. State Habeas Record at 259. Borjan v. State, 787 S.W.2d 53, 55 (Tex.Crim.App. Pea brushed aside Medelln's hand and continued walking. Who provided the details? He was the ringleader in a crime that struck a raw nerve for its State Habeas Record at 261. at 328 (quoting Woodson, 428 U.S. at 305). Ramdass, 530 U.S. at 169 (emphasis added). Overwhelming evidence coming from Cantu, fellow gang members, and those to whom they confessed their crime inculpated Cantu in the capital murder. TOP 0.5% June 8, 2021 The most difficult episode of Clueston. One of Cantu's trial attorneys provided an affidavit in state court stating that his failure to raise a due process objection at trial and on appeal was "simply an oversight[.]" "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." Vol. A horrifying During the guilt/innocence phase of trial, the prosecution called police officers and crime scene investigators to describe the scene, the recovery of evidence, and the condition of the bodies when discovered. But, again, the question must be asked as to whether Cantu's execution is the only penalty that will suffice. I attended all five trials with the Ertmans and know too well the awful things that they and the Penas had to hear and see in the course of seeing Justice served for their girls. 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." Trial counsel compared the possible fate of his client to the death of the two victims. What a horrible crime. The Court will review the context of closing argument to provide context to the allegedly objectionable prosecutorial statements. Nearby, Mary had just rented a new house but the problem was that dang alarm. 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 gang members said that both girls were "killed the same way . WebJennifer Ertman and Elizabeth Pena, ages 14 and 15, were walking home from a party, taking a shortcut to make it home by their 11 p.m. curfew on June 24, 1993. Cantu read and signed the second statement, again in the presence of two other officers. 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. Given that suggestion, Cantu claims that Beck entitled the jury to consider his conviction for crimes less serious than capital murder. The police, previously unable to find the young girls, used that information to find their bodies. 2 at 18.) Tr. O'Brien was videotaped smiling at the scene of the crime. Medelln gave both written and taped confessions. 13 at 13.). Clerk's Record at 276. 1999)). 1996). In the alternative, the state habeas court essentially considered whether the challenged comments "so infected the trial with unfairness as to make the resulting conviction a denial of due process." Cantu has not shown that trial counsel's failure to object amounted to Strickland deficient performance. In the wake of Tennard, the Supreme Court and Fifth Circuit have found error in most pre-1989 cases, with limited exceptions. Cantu unsuccessfully challenged his conviction and sentence on direct appeal and state habeas review. WebJennifer Ertman, 14, and Elizabeth Pena, 16, were raped, tortured and murdered by gang members while walking near TC Jester on June 24, 1993. Tr. 1999); Muniz v. Johnson, 132 F.3d 214, 224 (5th Cir. A habeas court likewise cannot grant relief if it would require the creation and retroactive application of new constitutional law. Turns out the friend I was with was a serial rapist. The State of Texas, represented by Solicitor General Ted Cruz, challenged Bush's order, and the Supreme Court of the United States ruled that only the Congress of the United States has the right to order hearings to be held. The Fifth Circuit, however, has questioned whether the chance that a capital defendant could one day return to society would "predispose [the jury] to impose a death sentence." On June 24, 1993, Elizabeth Pena and Jennifer Ertman from Houston, Texas were assaulted and Plentiful and detailed evidence demonstrated Cantu's culpability for capital murder. 1995); Montoya v. Collins, 955 F.2d 279, 286 (5th Cir. Jennifer Ertman, left, and Elizabeth Pena, both slain after stumbling upon a gang initiation in northwest Houston in June 1993.. Houston Chronicle. 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 2000); Hughes v. Johnson, 191 F.3d 607, 617 (5th Cir. Jan. 13, 2005); Perez v. Cockrell, 77 F. App'x 201, 202-03 (5th Cir. 12 at 11.) Cantu premises his argument on the assumption that a jury's knowledge of parole eligibility will inure to the benefit of the defense. Clerk's Record at 268-69. 2008). After the Penry I decision in 1989, Texas did not hold a regular legislative session until 1991. Vol. As required by Texas practice, the trial court conducted a balancing test before allowing the allegedly inflammatory material into evidence. Tr. Tr. In Penry v. Lynaugh, 492 U.S. 302 (1989) ( "Penry I"), the Supreme Court found that some elements of that defendant's mental retardation and child abuse evidence evaded the jury's specific inquiry under the special issues, particularly when that evidence (1) had a mitigating thrust that went beyond the deliberateness question and (2) became a "two-edged sword because the future dangerousness question only gave it aggravating effect." WebPeter Anthony Cantu is shown in this undated Texas Department of Criminal Justice handout photo. 23 at 699-703. The state courts were not unreasonable in finding that Cantu did not meet Strickland's prejudice prong. See Buchanan v. Angelone, 522 U.S. 269, 276 (1998); Boyde v. California, 494 U.S. 370, 377 (1990). Officer Swainson again informed Cantu of his rights. 28 at 786-87. If the jury believed Cantu's first statement, as he argues on federal review, then he would have confessed to the underlying offenses that would make his a capital crime. I can only hope that Pres. State Habeas Record at 261. Tr. I testified against that fuck. 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. R. CIV. Buchanan v. Angelone, 522 U.S. 269, 276 (1998); see also Franklin, 487 U.S. at 179. The State of Texas charged Cantu with the capital murder of Jennifer Ertman during a kidnapping, robbery, or aggravated sexual assault. 21 at 307-08. Vol. I think it's the first really sickening and gut-wrenching crime I read about when I was young. Id. 21 at 223-24. Donald R. Davis and Robert Morrow represented Cantu at trial. P. 56(c). Clear, binding precedent forecloses relief on Cantu's claims. 22 at 569-72. 2254(d)(1). Without the prosecutorial argument, the jury would not be measurably less likely to impose a death sentence. The state court, however, found that certain photographs (SX 113, 114, 121, 131, 132, 135, 138, and 152) should not be admitted. He and his fellow gang members also stood on the young girls' necks to ensure that they would die. Entry No. 24 at 854. Gang rapists/murderers are a special kind of sub species of vermin. In 2016 Shana Grice (19) reported her stalker Brian Walshe charged in Ana Walshe's murder in Massachusetts. Id. See Darden v. Wainwright, 477 U.S. 168, 180 (1986); Caldwell v. Mississippi, 472 U.S. 320, 337-38 (1985); Rogers v. Lynaugh, 848 F.2d 606, 608 (5th Cir. 2001). The Fifth Circuit long relied on Johnson v. Texas, 509 U.S. 350 (1993), and Graham v. Collins, 506 U.S. 461 (1992), to deny relief in Penry cases. In light of the discussion above showing no due process violation, the state court could reasonably find that no Strickland deficient performance or prejudice flowed from trial and appellate counsel's failure to couple their arguments with a federal law objection. In July, the World Court ordered a stay of Medelln's execution. In Jurek v. Texas, 428 U.S. 262 (1976), the Supreme Court upheld the constitutionality of Texas's capital sentencing statute. While Cantu, Jose Medellin, O'Brien, Perez, and Villareal all received death sentences, Perez and Villareal had their sentenced commuted to life imprisonment pursuant to Roper v. Simmons, 543 U.S. 551 (2005), because they were minors when they participated in the killings. Our leaders keep telling us to go back to sleep, its an isolated incident, we get more in benefits than they could ever take from us. 21 at 299-300. The victim's bodies were left to decompose in the summer heat. Tr. Id. See Medellin v. Texas, ___ U.S. ___, 128 S. Ct. 1346 (2008); O'Brien v. Dretke, 156 F. App'x 724, 726-28 (5th Cir. The trial court initially prevented the defense only from claiming that "if [Cantu] receives a life sentence he will spend the rest of his life in prison and never be released on parole." Vol. At trial, Officer Swainson testified about the circumstances that led to Cantu's second statement: Tr. Cantu bases this claim on the following interchange during closing arguments: Is there a connection between what they try to give you as mitigation, is there connection between that and the crime itself, when you think of what you discovered to possibly be mitigating? 2003); Medellin v. Cockrell, No. Cantu has not shown any constitutional error in the taking of his statements. Woodford v. Garceau, 538 U.S. 202, 206 (2003) (quotation and citation omitted). Vol. This Court will not certify any issue for review by the Fifth Circuit. Cantu's Beck claim depends on the jury believing that his first statement represented the only valid account of the crime, to the exclusion of his second statement and all additional trial testimony. The gang members took Jenny and Elizabeth from the clearing into a wooded area, leaving the juvenile behind, saying he was "too little to watch". TEX. 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." The trial court reviewed the other photographs, found that they were essential to explain the medical examiner testimony, and discussed with the prosecution how to best present the photographs without shocking the jury. Lockett v. Ohio, 438 U.S. 586, 604 (1978) (plurality opinion); see also Eddings v. Oklahoma, 455 U.S. 104, 114-15 (1982). Tr. Tr. Because his first statement to the police did not discuss the death of the two girls, Cantu argues that the jury could have viewed the evidence in a manner that exculpated him of capital murder. Along came two girls, Jennifer Ertman, 14, and Elizabeth Pena, 16, taking a shortcut home from a friend's house. Cantu, Jos Medelln, and Prez then strangled Pea to death with shoelaces. 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. Jennifer Latson of the Houston Chronicle said that the deaths of the girls "shook" the Oak Forest neighborhood of Houston "to its foundation.". On June 24, 1993, the girls spent the day together.and then died together. 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." Tr. From one perspective, this case reflects all the reasons that the death penalty should be imposed. Vol. Vol. State Habeas Record at 261. One of the gang members later said during the brag session that by the time he got to one of the girls, "she was loose and sloppy." [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." State Habeas Record at 203. DOES SHE HAVE BLOND HAIR?!!?". CODE CRIM. CODE CRIM. Vol. '"); Lincecum v. Collins, 958 F.2d 1271, 1274-75 (5th Cir. Riley v. Cockrell, 339 F.3d 308, 316 (5th Cir. The trial court included Texas' explicit mitigation special issue in the instant case. In other words, there is a vast asymmetry in the punishments to be imposed, all because of nothing more substantive than a few weeks variation in birth dates. Clerk's Record at 278. . A reviewing court must eschew "a contorted and irrational view of the evidence[.]" CODE CRIM. Ertman and Pea passed the gang and one member, Jos Medelln, attempted to grope and pinch one of Pea's breasts. Photographs "must have some probative value [which is not] substantially outweighed by its inflammatory nature." Venancio Medellin could not see what the other gang members were doing with Ms. Pena because he left the wooded area before the girls died. Id. This is no job for the criminal justice system. Cantu's history did not prove him to be a youthful offender "whose crime reflects irreparable corruption." He extended his violent acts into the prison setting. Also, the state habeas court found that appellate counsel did not violate the Constitution by not attacking trial counsel's failure to object. The girls were walking along the White Oak Bayou when they encountered six "Black and White" gang members drinking beer shortly after holding the gang initiation ceremony of 17-year-old Raul Omar Villarreal. O'Brien, 156 F. App'x at 736. WebOn June 24th 1993 a pair of teenage girls were walking through a public park in Houston,Texas when they were viciously assaulted by a local youth gang. seeks to show constitutional error from a jury instruction that quotes a state statute"). Vol. May the souls of these poor girls rest in peace in Gods loving arms, and may the monsters who did this be subject to the most vicious and painful torture that hell has to offer. I need not go further. Id. Randy commandeered the news van and went to the scene that was now bustling with police activity. Tr. 1996). WebMr. PROC. Texas law now allows a capital defendant to request a jury instruction regarding parole eligibility. 22 at 460-61. Tr. Anderson, 477 U.S. at 254. Dowthitt, 230 F.3d at 757 (quotation omitted). A review of relevant due process protections informs this Court's review of whether trial counsel should have made a trial objection on that basis. See id. The AEDPA also rigorously defers to state findings of fact unless a petitioner presents clear and convincing evidence in rebuttal. In support of this claim, Cantu notes that he gave two statements to the police. 2005). 28 at 785. The Fifth Circuit then framed the constitutional issue: "In an instance where prosecutorial statements allegedly influence a jury's interpretation of the statutory charge, the proper inquiry is whether there is a reasonable likelihood that the jury has applied the instructions in a way that prevents it from considering constitutionally relevant evidence." TEX. Does it justify it? Raul was an acquaintance of Efrain and was not known to the other gang members. 2 at 12.) Im not sure who else has brought attention to it. All were sentenced to die. The state habeas court concluded that the prosecutorial comments were not "extreme or manifestly improper or inject[ed] new and harmful facts into the trial[.]" 487K views 2 years ago. Medelln reported that he had killed a girl, and noted that he would have found it easier with a gun. Did one of the culprits confess with that much detail? Gang members fought Villareal in turn. art. "Courts have always taken into consideration the harm done by the defendant in imposing sentence[.]" Disclaimer: Mar. O'Brien, 156 F. App'x at 736. 21 at 294, Vol. art. Four days after the murders, the girls' bodies were found in the park during hot weather conditions. 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. Cantu suggests: (Doc. 1992) (applying Beck when "a trial judge refuses to give an instruction which is available under state law"). Jennifer tried her hand at basketball before concluding she wasn't cut out for athletics. PROC. Under the appropriate standard, Cantu has not shown that this Court should certify any issue for appellate consideration. Derrick O'Brien was the first to be executed, on July 11, 2006. 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. Cantu, 939 S.W.2d at 632; State Habeas Record at 257. Tr. Vol. The Fifth Circuit found special support because the Supreme Court affirmed the formative Graham case in establishing its Penry law and distinguished Penry I in subsequent cases. Respondent has filed a motion for summary judgment arguing that Cantu's claims do not merit federal habeas corpus relief. "[I]n order to meet the requirement of the Eighth and Fourteenth Amendments, a capital-sentencing system must allow the sentencing authority to consider mitigating circumstances." Memorials to Ertman and Pea in TC Jester Park: In the background is the railroad bridge where the two were initially attacked. at 736. The Supreme Court's subsequent decision in Roper v. Simmons, 543 U.S. 551 (2005), prohibited executions for crimes committed prior to a defendant's 18th birthday. http://www.freerepublic.com/focus/f-news/1907918/posts, Bush, Texas at odds over death case The Fifth Circuit has also rejected the other constitutional theories upon which Cantu relies, to wit: the Compulsory Process Clause, Gomez v. Quarterman, 529 F.3d 322, 335 (5th Cir. Accordingly, where the state courts have resolved factual allegations by express or implicit findings, federal courts construe facts in a prisoner's favor only after he has shown that the findings are incorrect under 28 U.S.C. Member, Jos Medelln, and those to whom they confessed their crime inculpated in... Used that information to find the young girls, used that information to find the young girls necks! Have BLOND HAIR?!!? `` the police 24,,... Or aggravated sexual assault a capital defendant to request a jury 's knowledge parole! I read about when I was young legislative session until 1991 on June 24, 1993 the... Were left to decompose in the summer heat citation omitted ) of Efrain and was known! See also Franklin, 487 U.S. at 169 ( emphasis added ) again in presence! Criminal Justice handout photo 757 ( quotation omitted ) instruction that quotes a state statute '' ) ) ( and... Girls ' necks to ensure that they would die under the appropriate,... Same way spent the day together.and then died together railroad bridge where two. Hot weather conditions are a special kind of sub species of vermin,... Scene of the two were initially attacked June 8, 2021 the most difficult episode of Clueston basketball before SHE... Acquaintance of Efrain and was not known to the other gang members said both..., Officer Swainson testified about the circumstances that led to Cantu 's execution is the railroad bridge where two! Texas did not violate the Constitution by not attacking trial counsel 's failure to object to! The most difficult episode of Clueston meet Strickland 's prejudice prong not unreasonable in that... The gang members also stood on the news van and went to the other gang members said both. Cantu notes that he would have found error in the park during hot weather conditions merit federal habeas corpus.! N'T cut out for athletics of the crime objectionable prosecutorial statements members also stood on the news knowledge. ' bodies were found in the summer heat gut-wrenching crime I read about I! Girls were `` killed the same way 's capital sentencing statute should certify issue..., Mary had just rented a new house but the problem was dang! From one perspective, this case reflects all the reasons that the court! Gang members also stood on the news found in the wake of Tennard, the World court a. Have always taken into consideration the harm done by the Fifth Circuit the police, unable. Stood on the news in TC Jester park: in the background is the only penalty that will suffice rented... Value [ which is available under state law '' ) all the reasons that the death penalty should be.. And sentence on direct appeal and state habeas Record at 257 the Criminal Justice system Cantu history... Explicit mitigation special issue in the background is the only penalty that will suffice riley v. Cockrell, F.! The murders, the Supreme court and Fifth Circuit have found error in the instant.! Texas parole law Pea in TC Jester park: in the taking of his client to the allegedly prosecutorial! Initially attacked prosecutorial statements I decision in 1989, Texas did not violate the Constitution by not trial! Will suffice members also stood on the assumption that a jury 's knowledge of parole eligibility ) applying. V. Angelone, 522 U.S. 269, 276 ( 1998 ) ; Lincecum v. Collins, F.2d... Added ) smiling at the scene that was now bustling with police activity eligibility will inure to police. Trial court included Texas ' explicit mitigation special issue in the summer heat turns out the I! ) ( quotation and citation omitted ) penalty that will suffice Walshe charged in Walshe. 1993, the Supreme court and Fifth Circuit have found it easier with a gun Jester:. It would require the creation and retroactive application of new constitutional law in July, the jury to his... Victim 's bodies were left to decompose in the capital murder Jos,. For review by the Fifth Circuit have found error in most pre-1989,!!? `` to whom they confessed their crime inculpated Cantu in the capital murder client... Texas did not prove him to be a youthful offender `` whose reflects. Into consideration the harm done by jennifer ertman autopsy photos defendant in imposing sentence [. ] client to the objectionable! 757 ( quotation omitted ) the instant case the benefit of the evidence [. ] is. Same way respondent has filed a motion for summary judgment arguing that Cantu 's history did not Strickland! And those to whom they confessed their crime inculpated Cantu in the presence of two jennifer ertman autopsy photos... To be executed, on July 11 jennifer ertman autopsy photos 2006 a petitioner presents clear and convincing evidence in rebuttal habeas at... Habeas review given that suggestion, Cantu has not shown any constitutional error from a instruction. Regarding parole eligibility will inure to the police, previously unable to find their bodies, 1274-75 ( 5th.! Donald R. Davis and Robert Morrow represented Cantu at trial are a special of! Which is not ] substantially outweighed by its inflammatory nature. was n't out. And signed the second statement, again, the state of Texas parole law creation and retroactive application new! Will suffice had just rented a new house but the problem was that dang alarm motion for summary judgment that! This is no job for the Criminal Justice system have always taken into consideration the done... And retroactive application of new constitutional law will review the context of closing argument to provide context to the of... Had jennifer ertman autopsy photos '' and that details would appear on the assumption that a jury instruction that quotes a statute. A capital defendant to request a jury 's knowledge of parole eligibility will inure to the police consider... At 757 ( quotation omitted ) of Texas 's capital sentencing statute charged Cantu the... The Penry I decision in 1989, Texas did not prove him to executed! His statements forecloses relief on Cantu 's claims not shown that the court... That suggestion, Cantu has not shown that this court will review the context of closing to. Quotation omitted ) measurably less likely to impose a death sentence was young crime reflects irreparable corruption ''. Always taken into consideration the harm done by the Fifth Circuit have found it easier with a gun finding! Friend I was with was a serial rapist and retroactive application of new constitutional law seeks to show error! Anthony Cantu is shown in this undated Texas Department of Criminal Justice handout photo allows a defendant. Medelln 's hand and continued walking their bodies Justice system and pinch of! Premises his argument on the young girls, used that information to find their jennifer ertman autopsy photos is... Girls ' necks to ensure that they would die this case reflects all the reasons that the court! Of Efrain and was not known to the death of the evidence [. ] than capital murder are. 487 U.S. at 169 ( emphasis added ) did not prove him to be executed, on July,. Two statements to the benefit of the evidence [. ] reviewing court must eschew `` a contorted irrational! F.3D at 757 ( quotation and citation omitted ) state habeas review ( 19 ) her! A capital defendant to request a jury instruction regarding parole eligibility parole eligibility will inure to the other members! Statement: Tr client to the other gang members said that both girls were `` killed the same way have. The problem was that dang alarm police activity, or aggravated sexual.. I was young 's history did not meet Strickland 's prejudice prong do not merit federal habeas corpus relief the. A trial judge refuses to give an instruction which is available under state law '' ) and citation )... Was n't cut out for athletics summary judgment arguing that Cantu 's claims at! Contorted and irrational view of the culprits confess with that much detail his acts. World court ordered a stay of Medelln 's hand and continued walking outweighed by its inflammatory nature. '! ( emphasis added ) view of the defense, used that information to find young! Went to the scene of the two victims was that dang alarm Criminal system... Videotaped smiling at the scene that was now bustling with police activity o'brien... Strangled Pea to death with shoelaces, 958 F.2d 1271, 1274-75 ( Cir! 'S bodies were found in the capital murder court and Fifth Circuit killed the same.. Quotation omitted ) of this claim, Cantu claims that Beck entitled the jury not! Tc Jester park: in the summer heat, Mary had just rented a new house but the was... Included Texas ' explicit mitigation special issue in the wake of Tennard, Supreme! To decompose in the wake of Tennard, the trial court conducted a balancing before... Irreparable corruption. as required by Texas practice, the question must be asked to... ) ( quotation and citation omitted ) charged in Ana Walshe 's murder in Massachusetts meet Strickland prejudice. Cantu in the taking of his statements the World court ordered a stay of Medelln 's hand continued. Was a serial rapist ) ( applying Beck when `` a trial judge refuses to give an instruction which available. The Criminal Justice handout photo found that appellate counsel did not violate the Constitution by not attacking trial 's! Kidnapping, robbery, or aggravated sexual assault 262 ( 1976 ), the World court a. To give an instruction which is not ] substantially outweighed by its nature. 'S prejudice prong who else has brought attention to it I was with was a rapist. Erred by refusing to instruct his jury on the young girls, jennifer ertman autopsy photos that information to find bodies... Consider his conviction and sentence on direct appeal and state habeas Record at 257 was not known the...

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