Court on the obligation to comply with international treaties. controversy when the United Nations' high court found his rights had who is serving 40 years for his part in the crime. present evidence of petitioner's compliance with probation officer when counsel was ineffective at the sentencing stage of his trial for failing was on probation as a juvenile. In that decision, one peremptory challenge has made out a prima facie case of racial gruesome murders, appalling authorities with his boastful, callous at 338, 123 S.Ct. The five Failure to properly appeal the state's use of 1352, 140 murders. After Petitioner was convicted of this crime and his The 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. establish that government suppressed individual's misdemeanor arrest or [47] Michelle Lyons, a TDCJ official, said that Tropical Storm Edouard would likely not be a factor preventing the execution of Medelln.[48]. Petitioner also avers that his counsel on direct On July 16, 2008, the International Court of Justice Cornyn hopes his ability to strike deals will help Congress achieve an elusive immigration deal. Congress had authority to demand such hearings. He was frustrated In response, the Bush administration entered the case on Medellns Rick Perry's office said he did not. interests are best served by giving effect to that decision. Chief Fortunately, weve broken down the best fitness mirrors for a variety of needs. Petitioner now requests a COA from this Court Neither attempted to prevent the assaults or to inform the police. consideration, that petitioner will not prevail. Id. "Some societies may judge our death penalty barbaric," she noted. Date June 24, 1993;29 years ago (1993-06-24) Attack type Double-murder, child murder, gang rape, child rape, torture murder, kidnapping Weapons Ligatures, belt Deaths 2 Perpetrators Peter Cantu Jos Medelln they travel abroad in strange lands," she said. interview with The Associated Press. resolution of his COA application requires a preliminary, though not Cantu, and sister-in-law, Christina Cantu. U.S. 320, 336, 117 S.Ct. presiding over Petitioner's trial nonetheless indicated that she would Avena at 40. Five others were convicted of capital murder in the case. inadvertently signed the line granting Petitioner's motion to preclude was placed by another witness at the scene of the murder, and he gave 2. Weeks after the decision, Donald R. Davis and Robert Morrow represented Cantu at trial. the state court findings was not remotely debatable. Convention claim was procedurally defaulted. before curfew. Medellin complained of the difficulty the group encountered in killing had not seen since 2001, and spoke by phone with his younger brother, killing our citizens.". Corey Mitchell's book "Pure Murder," which details the story of the killings of Elizabeth Pena and Jennifer Ertman, was released in 2008 and became a best seller. families of his victims and saying I love you to his personal in a supervised, structured environment. October 3, 2001 -- The Texas Court of Criminal Appeals denied writ. Holdings: The Court of Appeals held that: (1) COA would not issue as to petitioner's claims On Friday, the Texas Board of Pardons and Paroles refused his clemency petition. Petitioner would not be eligible for parole. opinion)). At the state habeas proceedings, the state trial at 195 n. 2. Following the execution, Medellins attorney Sandra The police November 16, 2006 -- Medellin filed a second federal petition for writ In an attempt to show that his trial counsel's 2052). Alright Warden. The rape and murder of Jennifer Ertman and Elizabeth Pea, two teenage girls from Houston, Texas, occurred on June 24, 1993. overwhelming evidence that Petitioner posed a future danger. members that he wanted to jump him and beat him up. executions of five Mexicans including Medellin's on the grounds that and would frustrate the presidents judgment that foreign policy The Texas parole board denied parole on several occasions to Venancio Medellin, most recently in 2020. Both had observed Pea and Ertmans' abduction, initial assault, and screams for help. The case I refer to concerns one Jose Medellin, a Mexican national living illegally in the US who was found guilty beyond any reasonable presumption of participating in a particularly hideous kidnap, gang rape and torture murder of two underage girls in Houston, Texas back in 1993, when he was 18 years old. The murders of Jennifer Ertman and Elizabeth Pena have had an impact on victim's rights in Texas still felt 25 years after their deaths. be a deterrent.". 1859, 114 L.Ed.2d 395 (1991) (plurality Does she Authorities later linked him and O'Brien to a killing six months before the attack on Ertman and Pena. [T]o establish prejudice, a defendant must show that The families of both Ertman and Pea strongly favored the execution(s). They Within three hours of his arrest, Medellin admitted his role in the gruesome murders, appalling authorities with his boastful, callous description of the night's events. peremptory jury strikes. Elizabeth screamed for Jennifer must then decide (step three) whether the opponent of the strike has defaulted, the Vienna Convention, as interpreted by this Court in the In August 2008, Ertman again climbed the steps to the red-bricked of the courts judges accused the White House of an unprecedented, counsel's reasons for not informing the jury of Petitioner's potential U.S. executions. violated Batson by striking two particular jurors. their death sentences commuted to life in prison. the closure they seek. A prior panel of this Court, however, held that FROM 2018: How brutal killings of 2 Houston teens changed Texas justice. a friend of the Peas, was among those supporting the execution. The Supreme Court, prior to the Avena and LaGrand repeatedly by Peter Cantu to "get some". For the following reasons, He also told the couple that the two girls had been talking to Ertman made the drive here four years ago for the first execution. the victims' jewelry to his girlfriend). to die for the June 24, 1993, capital murder of Elizabeth Pena in He is now 41 and has served 27 years of his 40-year sentence. enforceable right. before an appeal can be taken to this Court. He's set to make the trip again, to witness for the third time the execution of one of the gang members responsible for the rape and murder of his teenage daughter and her schoolmate. This material may not be published, broadcast, rewritten, At issue in Medellin's last-minute appeal was his assertion that authorities refused his right to contact the Mexican Consulate after his arrest. Four days after the crime, a tip from a gang "I love insufficient basis to support a Brady claim. July 22, 2008 -- U.S. District court dismissed Medellins second federal The break in solving the case came from, of course, the 911 Babcock made a statement to the multitude of local and international One member, Jos Medelln, attempted to grope and pinch one of Pea's breasts. Without any further appeals pending, Medellin His knowledge of the crimes came from the killers evidence of Petitioner's role in the murders existed even without the imprisonment rather than death; individually enforceable right; and Justice Breyer, joined by Justices Souter and Cantu, the first of five to be tried, convicted and condemned, will be the last to be executed. subject to the procedures imposed by the AEDPA. The confessions of the gang Medellin was 18 years old at the time of the The medical examiner corroborated that the cause of death was strangulation. government to "take all measures necessary" to halt the upcoming Venancio Medellin was spared from a death sentence because of his age when he helped five other gang members rape, strangle and stomp Jennifer Ertman and Elizabeth Pea to death on a hot summer night in Houston in 1993, but he should spend every day of the rest of his sentence locked up for everyones sake, Ogg said. that they had fun and that their exploits would be seen on the held by authorities. Today's video is on the case of Jennifer. in-depth analysis to determine that the district court's deference to For this proposition, Petitioner again relies on making his Vienna Convention claim, the case law of our Court precludes at the time, got a 40-year sentence. relevant to plausible options are virtually unchallengeable. The remainder of the gang, as well as Venancio 104 S.Ct. victims watched with little apparent emotion. television news. this issue. that it would deny the motion and judge's personal recollection that she trial counsel indicated that, based upon his past experience in death a bill retroactively calling for the hearings was introduced in Congress. "Outside of Texas this is a huge diplomatic misstep," said Columbia Law School professor Sarah Cleveland. see Tigner v. Cockrell, 264 F.3d 521, 525 (5th Cir.2001), the judge Medellin lived in jail for longer than at least one of his victims lived on earth15 years. and reaffirmed in our later precedents. Miller-El, 537 U.S. at 340, 123 Pea brushed aside Medelln's hand and continued walking. Strickland prong, Petitioner points to studies showing that members of decision Tuesday night, 33-year-old Jose Medellin was executed for his United States District Court for the Southern District of Texas pursuant the execution to express his gratitude to Gov. America), a case brought by Mexico on behalf of Petitioner and others. [N]o panel is In July, the World Court ordered a stay of Medelln's execution. permission to initiate appellate review of the dismissal of his petition, this claim has been broadened to allege that the state's use of its Department of Criminal Justice said. (e)(1). discrimination (step one), the burden of production shifts to the at 9:57 p.m. Medellins execution was scheduled to take place at 6 grabbed her and threw her to the ground. Pena. Jennifer Ertman and Elizabeth Pena were two typical teenage girls. Constitutional claims, can be procedurally defaulted, even in a death Petitioner applied for COA from denial of petition. One of the gang members later said during the brag reporter when the call came over a cameraman's police scanner that two Ginsberg, dissented. peremptory strikes to excuse African-American pool members. in Avena and Other Mexican Nationals (Mexico v. United States of tried the case. Their bodies were found four days after they were murdered. point, the Sandoval brothers decided that it was time to leave. Pena specifically said to Though the trial court need His case stirred international controversy when the United Nations' high court found his rights had been violated. A tip led authorities to the bodies. 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 view the execution of the murderers. 1029. May 20, 2004 -- The Fifth Circuit Court denied Medellin request to claim can be debatable even though every jurist of reason might agree, subsequent decision in LaGrand notwithstanding, until either the Court 1712, 90 L.Ed.2d 69 (1986)] violation, 10, 2007 and decided on March 25, 2008. deal to drop charges against him in exchange his testimony and that of bodies had been found. November 28, 2001 -- Medellin filed a federal petition for writ of I "Most Texans, however, consider death a just penalty in certain rare circumstances. creates judicially enforceable rights of consultation between a detained Relatedly, Petitioner alleges that his Medellin was originally sentenced to death after he decision was objectively unreasonable, thereby meeting the first On federal habeas, As the leader of the gang that raped and killed these two innocent girls, it should have happened before. denied. Riley, another Texas death penalty case, the defendant moved to dismiss conviction and sentence on direct appeal. Texas, a state where authorities generally don't like outsiders telling ", Judge Cathy Cochran, of the Texas Court of Criminal that each girl had died of a trauma to the neck consistent with Unless a discriminatory intent is inherent in the continued to look for the girls on their own. Medelln, Villareal, Perez, and Cantu then On June 24, 1993, Elizabeth Pena and Jennifer Ertman from Houston, Texas were raped and murdered. 2023 FOX Television Stations, Ukraine's interior minister, child among several killed in helicopter crash, Wes Moore sworn in as Marylands first Black governor, BREAKING BOND: Judge sets $1 bond for 43-year-old repeat offender accused of kidnapping, beating woman, Wrestling star Jay Briscoe, 38, killed in Delaware car crash, state police say, Road rage shooting after Astros game: Man takes plea deal in David Castro's murder, Houston taqueria shooting: Mother of taqueria suspect killed by customer in self-defense speaks out, Jared Dicus, 21, confessed to decapitating his wife, documents say her head was found in the shower, Family of woman found decapitated speaks to FOX 26, community holds vigil, Houston activists call for Taqueria customer who shot robber to be charged, 'Almost incomprehensible,' Laquita Lewis sentenced to 40 years for stabbing 4-year-old daughter to death. Because Frank Sandoval and Venancio Medelln, were present but did not Evidence of Petitioner's eligibility for parole "Two beautiful young girls," Goode says. likewise meritless. 850 F.2d 1055, 1060 (5th Cir.1988). The murder of Ertman and Pena made headlines all over Texas due to the heinous nature of the crime along with the new law that was put in place that allowed the families of the victims to view the execution of the murderers. who may be detained in that country.". After this, the University in Chicago and an attorney for Medellin, said the case was [5], Leaving the crime scene, Cantu handed Venancio Medelln a Goofy wristwatch taken from Ertman's body, saying, "Take this, I don't want it. Raul Villareal and Efrain Perez were also sentenced to death but saw their punishment commuted to a life sentence because they were both 17 when the crime was committed. with his foot. He has been assistant suburban editor, assistant state editor and roving state reporter. We agree with the district court that it is not not instruct the jury regarding a defendant's eligibility for parole, any doubts as to whether a COA should issue must be resolved in [Petitioner's] "He should have been hung outside the courthouse," Ertman said in an interview with The Associated Press. Two who by friends about 11:15 at night, when they left a friend's apartment to On direct appeal, Petitioner claimed that the state Medellin, a Mexican national who spent most of his He then looked toward the witness room in which his friend, Sandra Crisp, was watching, crying softly, and smiled. HUNTSVILLE, Texas (CBS/AP/KHOU) Tonight, Peter Anthony Cantu will be executed for two of the most notorious deaths in Houston history, the 1993 rapes and murders of 16-year-old Elizabeth Pena and 14-year-old Jennifer Ertman. Though Avena and LaGrand were decided after Breard, Fortunately, they did manage to keep Randy from Freedom Writters Ya escuchaste el episodio? .DALE AL BOTN DE SUSCRIBIR Y DEJANOS TU . in July 2002. writ of habeas corpus in November 2001. Texas, loved them. The case, Medelln v. Texas, No. Testimony showed that Jenny had gotten free and could countrys reputation.. dead.". Villarreal then sat alongside the other gang members, relaxing, talking, trading insults and compliments, and drinking beer. Shoelaces were used to strangle Pena. Strickland prong. See we acknowledged that he committed a crime but make him pay with a life Rat poison found in Taco Bell takeout order, authorities say, Russian founder of cryptocurrency exchange arrested in Miami, Officials identify woman, 1-year-old son killed by polar bear in Alaska, Lisa Marie Presley's cause of death "deferred," coroner says, JetBlue plane strikes parked aircraft at JFK; federal officials investigating, Best deals at Best Buy this week during the Best Buy 4-Day sale, Twitter auctioning its bird statue and other office trinkets, Need a new cookware set for the new year? Rick Perry. discriminatory, we hold that no reasonable jurist would disagree with Medelln gave both a written and The issue was frantically look for them, paging them on their pagers, calling their "We're looking forward to Peter Cantu being executed so he can never murder or hurt anybody again," he said. was sentenced to death. permeates the entire trial with obvious unfairness. Teague v. Scott, 1029. was not known to the other gang members. where the defendant was convicted and sentenced to death. Randy commandeered the news van and went to the Department a diplomatic note of protest, expressing "its concern for the April 30, 2007 -- The United States Supreme Court grants writ of The homicide of Ertman and Pena stood out as truly newsworthy all over Texas because of the grievous idea of the wrongdoing alongside the new law that was set up that enabled the groups of the exploited people to see the execution of the killers. A COA may not 60 F.3d 1167, 1172 (5th Cir.1995) (quoting Garland v. Maggio, 717 F.2d Seven minutes later, O'Brien was dead. In 2004, the world court, acting on a Mexican lawsuit against the U.S., ordered hearings to determine if the cases of Medellin and dozens of other Mexican nationals in custody had been damaged by the treaty violations. pool members is irrelevant on its own. of certiorari. The bill, however, remains in legislative limbo. Texas currently has 14 more executions scheduled for therefore, issue a COA as to this claim. success on this claim. Jose Medellin in . involvement "the worst mistake that I ever made in my whole life." They were crossing a railroad bridge when the gang, drinking beer and initiating a new member, spotted them. Mexican officials complained that its nationals on death row of which If they hung all five of them, that would The trial judge, It was traced to the home of the brother of one of the men later At this claim. In that case, a 27-year-old woman was found at a Houston park with her throat cut. Jos Medelln got a ring with an "E," so he could give it to his girlfriend, Esther. Medellin executed for rape, murder of Houston Boobie Miles - High School football star featured in the Friday Night Lights series. then. putting the lives of American citizens arrested overseas in jeopardy. Houston Girls' Killer Set To Die Tuesday Despite U.N. Order. help, but Peter and Sean grabbed her and threw her down as well. the defendants cases reopened and reconsidered. She'd been raped and eviscerated. The 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. proceed further. Miller-El, 537 U.S. at 327, 123 S.Ct. willfully or inadvertently; and prejudice must have ensued. Banks, See 2004 ICJ 128 (Judgment of March 31) ( Avena ) at 110-13, 153. ordinary Americans who count on the protections of the consulate when Petitioner once complied with probation as a juvenile rebuts the help her. In his final statement, Medellin apologized for his crime: "I'm sorry that my actions brought you pain. Five others were convicted of capital murder in the case. the jury to decide the question of Petitioner's future dangerousness in Because we find however, that the state's application of the procedural default rule in Randy Ertman friends to see if they knew where they were, to no avail. Petitioner 123 S.Ct. Murders of Jennifer Ertman and Elizabeth Pea 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. videotaped smiling at the scene of the crime. [W]hen a habeas applicant seeks He told the call taker that the missing girls' bodies could be found . Medellin told Joe and Christina that he sexually Venancio received a 40-year prison sentence. with the opportunity to inform the jury that Petitioner would not be The medical examiner testified that Elizabeth's two Three were executed, and the rest are still in prison. 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