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Man arrested after police say he stole vehicle of deputy who was chasing him on foot, More than 21K CPS Energy customers lose power due to storms, Texas mom accused of killing her children has history of violence, Pedro Cantu III booking photo from Guadalupe Co. Point of error thirty-six is overruled. Date of Birth: 05/27/75 Article 37.071 2(h). 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. 2950, 2956, 49 L.Ed.2d 929 (1976), and it has not been changed substantially since then. Some carried signs but none chanted or spoke loudly. VICTORIA John M. Cantu Sr., 69 years of age, passed away Saturday May 29, 2021 at 10:40pm. Christina subsequently convinced her husband to report the incident to the police. We would like to offer our sincere support to anyone coping with grief. This we decline to do. 869, 71 L.Ed.2d 1 (1982) and Lockett v. Ohio, 438 U.S. 586, 98 S.Ct. Sign Up. 81(b)(2) I concur in overruling the point. The Forbes 400 net worth cut off this year was a record-high $2 billion. When Pena screamed, Ertman ran back to try to help her friend, but Cantu grabbed her and dragged her down the hill as well. Petitioner filed application for certificate of appealability (COA). Antonio "Tony" Arizola Cantu 74, passed away on Sunday, June 13, 2021, in San Antonio. "Three of the animals that did this are gone. 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. Situando a esta 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. Finally and in the alternative, the district court determined that there was no reasonable probability of a different result had Cantu's counsel raised a due process objection to the photographs because other sources of evidence painted a vivid image of Cantu's brutality and otherwise amply supported a finding that Cantu committed capital murder. Evidence of extraneous offenses admitted included that Cantu stole a bicycle from an eight-year-old and then turned it in for a reward; that Cantu threatened a woman and broke a window in her home; that Cantu attacked a sixth-grade teacher; that Cantu threatened another students father, saying that he wanted to kill him; that Cantu created problems at school by fighting and cursing; that Cantu threatened to kill an officer of the law; and that Cantu made threats at a hospital and in jail. Romans brother Frank, and Joes fourteen-year-old brother, Venancio, were also present. The gist of the State's argument is the defense did not have any evidence in its favor, which is a proper response to defense counsel's just-completed argument that the evidence was insufficient to convict appellant of capital murder. Think about how cold the man is, how cowardly he is, how cruel he is. That October, Denson and another officer, Stephen Orlando, were tried on murder charges and an. 4/19/10 -- The U.S. Supreme Court denied Cantus petition for certiorari review. Also, it is clear from her closing argument the prosecutor never told the jury they must find a nexus between the offense and the evidence offered as mitigating by the appellant; she merely suggested that they weigh the evidence in this manner. Both expressed regret for their role in the killings. The phone transferred the photos to her online account, and she shared them on Facebook. 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. Missing from the list this year are such veteran Forbes 400 members as Red McCombs ($1.25 billion) and T. Boone Pickens ($950 million). At trial, appellant's sister-in-law, Christina Cantu, and appellant's brother, Joe Cantu, both took the stand and testified that appellant and his co-defendants arrived at the Cantu house the night of the murders and freely talked, and even bragged, about the events of the evening. Anderson v. State, supra, at 509-10. 13 of the Texas Constitution. The police traced the 9-1-1 call to Cantu's home. Additionally, in this case, I point out that appellant elicited testimony from an expert witness about studies indicating that the defendant who serves 35 calendar years in the Texas Department of Corrections before becoming parole eligible is less violent than the inmate who is paroled sooner; i.e. Id. 2253(c), Cantu now seeks from this court a certificate of appealability. On Friday, the Texas Board of Pardons and Paroles refused his clemency petition. 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. Further, he asserts that there exists a reasonable probability that the result of the proceeding was affected by the graphic nature of the photographs. Because we have this procedure set up, do we kill our children? Hence, the second prong of Rousseau was not met in this instance either, and appellant was not entitled to a lesser-included charge of murder. 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. (internal quotation marks omitted). denied, 512 U.S. 1246, 114 S.Ct. Pete Cantu. The jury is not required to specifically identify what evidence it specifically uses to find that a fact is true beyond a reasonable doubt, and extraneous offenses should not be an exception to this. FN10. Again the evidence belies this conclusion. However, the erroneous admission of M. Pena's testimony as to her daughter's character and activities was harmless beyond a reasonable doubt. Application denied. A woman claims these photos were taken by the person who allegedly stole her purse, which had her smart phone inside. Garcia v. State, 887 S.W.2d 846, 859 (Tex.Crim.App.1994), cert. His knowledge of the crimes came from the killers themselves, most of whom came to his home after the murders, bragging and swapping the jewelry they had stolen from the girls. See also, Lackey v. State, 819 S.W.2d 111 (Tex.Crim.App.1989) (not error to fail to instruct jury to consider specifically appellant's age as a mitigating factor because the jury's answer as to special issue two (future dangerousness) would reflect their consideration of all the mitigating evidence); Jackson v. State, 822 S.W.2d 18 (Tex.Crim.App.1990). [APPELLANT:] May we have a running objection to the out of court statements, judge? Two brothers who had been with them but testified that they were not in the gang left first and passed Jenny and Elizabeth, who were unknowingly walking towards their deaths. Appellant asserts in his forty-first point of error that the Due Process Clause of the Fourteenth Amendment requires this Court to engage in proportionality reviews of death penalty cases. 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 . Roman's brother, Frank, and Joe's fourteen-year-old brother, Venancio, were also present. The inferences drawn by the prosecutor from the evidence were not so extreme or improper as to rise to the level of reversible error. I'm not going to show it to you. The gang then drank beer and engaged in horseplay. The district court concluded that the state court's rejection of this argument was not an unreasonable application of federal law, and we conclude that reasonable jurists would not disagree with that determination. Jester Park. Appellant's objections were overruled and the evidence was admitted. Browse our site for information and then call one of our three retail locations below for answers to your questions or for pricing information and quotes on your projects. on See Harris v. State, 827 S.W.2d 949, 961-963 (Tex.Crim.App. Thus, if in your judgment, a mitigating circumstance independently calls for a life sentence even though it also tends to support a yes answer to a Special Issue, you must not answer the Special Issue yes, but rather you should answer it no. Appellant's own statement, plus the testimony of other witnesses, elucidate appellant's full participation in each of these offenses. FN2. The Antiterrorism and Effective Death Penalty Act (AEDPA) requires a petitioner to obtain a COA in order to appeal the district court's denial of his habeas petition. SAN ANTONIO A man suspected of stealing an unmarked Bexar County Sheriffs Office cruiser during a chase Tuesday was arrested New Braunfels Wednesday morning. Cantu and Derrick OBrien were tried before their fellow gang members. ^ D'Alessandro, Anthony (January 22, 2022). (AP August 17, 2010). They pulled on the belt, one boy on each side, until the belt broke. 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. In this review, we do not attempt to determine what a particular jury subjectively believed. Points of error eighteen and nineteen are overruled. Provide a detailed review of this contractor: ** residential re-roof- w/ no change to pitch/ removing existing shingles and replacing w/ same type/no other work being done/all work must comply w/irc & udc.-**ama, $26.50 paid to City of San Antonio, Texas, Re-roof permit no change in pitch deck or tile roof to comply w/udc and irc codes, City of San Antonio, TX Licensed Contractors. They decided to follow the railroad tracks that passed by T.C. In August 2008, Ertman again climbed the steps to the red-bricked Huntsville Unit prison. See 466 U.S. 668, 687, 104 S.Ct. Cantu additionally argued to the district court that he was entitled to a lesser-included instruction on simple murder; however, he does not argue that he is entitled to such an instruction in his petition for COA. 1422, 122 L.Ed.2d 791 (1993); Tex.R.App. BCSO spokesman Roseanne Hughes said deputies were serving a warrant in the area and noticed the BMW speeding away from the scene. Copyright 2018 - 2023 PLEASANTON EXPRESS. He told Venancio to stay behind, saying he was "too little to watch." ), cert. All Rights Reserved. On the night of June 24, 1993, this gang met to initiate a new member, Raul Villareal. However, before she ventured into actual statements that appellant and/or his co-defendants made, the following occurred: [THE STATE:] Did someone else tell you what happened? The break in solving the case came from, of course, the 911 call. Deadline Hollywood. 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.