Donald R. Davis and Robert Morrow represented Cantu at trial. The Court must decide whether "there is a reasonable likelihood that the jury has applied the challenged instruction in a way that prevents the consideration of constitutionally relevant evidence." Cantu additionally complains that, because other capital inmates including some of his co-perpetrators have had trials wherein the jury received information about parole eligibility, various constitutional theories including the Equal Protection Clause entitled him to that information also (claims four through six). refuse a lesser-included offense instruction `if the jury could rationally acquit on the capital crime and convict for the noncapital crime. (Doc. 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." CRIM. art. they jumped on their neck." The homicide of Ertman [] Read more. Tr. See 28 U.S.C. jennifer ertman autopsy photos; jennifer ertman autopsy photos. at 171. 24 at 966-67. 13 at 10.) Entry No. 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. We have set your language to 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. Oliver v. Quarterman, 254 F. App'x 381, 387 (5th Cir. The AEDPA requires federal deference to both legal determinations and fact findings made by state courts. See 28 U.S.C. vote for a capital conviction if the only alternative was to set the defendant free with no punishment at all"). See TEX. 28 at 666-67, 673, 770, 793. The prosecution introduced the allegedly inflammatory material while explaining the condition of the corpses, describing the process by which the police identified the girls' bodies, and verifying the statements made by Cantu and others. Cantu, therefore, argues that the Texas statute still requires a nexus between the crime and the mitigating evidence in the same manner as the discredited constitutional-relevancy test. . Cantu also unsuccessfully requested a jury instruction on parole. See 28 U.S.C. Lockett v. Ohio, 438 U.S. 586, 604 (1978) (plurality opinion); see also Eddings v. Oklahoma, 455 U.S. 104, 114-15 (1982). 1998). State Habeas Record at 259. Vol. 2254(d)(1). 21 at 120. Vol. 1995); Allridge v. Scott, 41 F.3d 213, 222 (5th Cir. See 28 U.S.C. Entry No. TEX. Entry No.
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. 2002) ("[Rule 56] applies only to the extent that it does not conflict with the habeas rules. You have chosen this person to be their own family member. 2002); Johnson v. Cockrell, 306 F.3d 249, 256-57 (5th Cir. Respondent has moved for summary judgment. The prosecution closed with the following statement that Cantu complains was inflammatory but went unchallenged by his trial attorneys: Cantu "concedes that the argument was responsive, but not that it was invited." 2253(c)(2); see also Slack v. McDaniel, 529 U.S. 473, 484 (2000). The fifth anniversary of his daughter's vicious murder mostly means one thing to Randy Ertman - he is five years closer to watching her killers die. See 28 U.S.C. Clerk's Record at 278. Vol. A review of the circumstances leading to Cantu's two statements and the trial context as a whole prove that a rational jury would not have convicted Cantu of a lesser offense. Tr. 21 at 210, 257. Vol. Vol. ChatGPT; Midjourney; DALL E2; Khc; eight of swords friendship jennifer ertman autopsy. Subsequent decisions by [the Fifth Circuit] have consistently held that a state trial court may not, under Beck, refuse a lesser-included-offense instruction if the jury could rationally acquit on the capital crime and convict for the noncapital crime." 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. 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. When she tried to run, he threw her to the ground. Tr. 22 at 569-72. The argument and related visual images brought into focus testimony describing the degraded condition of the victims' bodies that was already vividly before the jury. Respondent's argument finds some support in Supreme Court precedent.
28 at 787 (emphasis added). Laura Ingraham today Cantu contends that the jury could have found that he was "a young man of native good character, with great potential to succeed, both in his interpersonal relationships and in a career, but who became frustrated, withdrawn and belligerent as a teenager on account of his learning disability and speech problems, and by the death of his grandfather." 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." The state courts were not unreasonable in finding that Cantu did not meet Strickland's prejudice prong. Tr.
"Mitigating evidence that illustrates a defendant's character or personal history embodies a constitutionally important role in the process of individualized sentencing, and in the ultimate determination of whether the death penalty is an appropriate punishment." Sadly, they As Cantu's trial counsel Donald Davis concluded his closing argument, he begged the jury not to return a sentence that would result in his client's death: Tr. 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. After the prosecution reviewed other violent acts from Cantu's life, the closing argument returned to a comparison between Cantu and the victims: Tr. Web490K views 2 years ago. The teens had planned on spending the night at Penas home in the Oak Forest section of northern Houston, Texas, which was approximately one mile away. This case is DISMISSED WITH PREJUDICE. 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. When Ms. Pena was nearly lifeless, Cantu kicked her in the mouth with his steel-toed boots. . 24 at 932-33; Tr. See more ideas about elizabeth pea, jennifer, true The state court overruled the defense objection to most of the material. 2254(d) "does not require federal habeas courts to grant relief reflexively"). WebThe 61-year-old died Monday, said Andy Kahan, a Houston crime victims advocate.
All were sentenced to die. 2006); Thacker, 396 F.3d at 617; Rudd, 256 F.3d at 320-21; and the Equal Protection Clause, Tigner, 264 F.3d at 525-26; Collier, 300 F.3d at 585-86; Green v. Johnson, 160 F.3d 1029, 1044 (5th Cir. Drivers Space
Id.
Flowers added to the memorial appear on the bottom of the memorial or here on the Flowers tab. ryobi battery flashing green; day spa long island nassau county; newburgh, ny funeral homes; figurative language scanner; Blog. Because of their deaths, the state allows victim impact statements and Randy Ertman was the first to do it when he confronted the six convicted killers in court, all of them sentenced to death. Ertman Pe a. Tr. He made a promise to their families. Learn more about merges. The trial court's instruction prevented the jury from giving any effect to the parole inferences before the jury. "[T]he idea of `invited response' is used not to excuse improper comments, but to determine their effect on the trial as a whole." Sorry! GREAT NEWS! Vol. Webkodak portra 160 35mm photos +97137222480 . 28 U.S.C. See Thacker v. Dretke, 396 F.3d 607, 612 n. 2 (5th Cir. 1990). Id. "), overruled on other grounds by Tennard v. Dretke, 542 U.S. 274 (2004). During the punishment phase, the trial court prohibited the defense from asking an expert witness about the parole eligibility that accompanies a life sentence.
Gang members fought Villareal in turn. If so, I got my tree from Petitti's - is that where you are getting yours from too? Jennifer Ertman and Elizabeth Pea were walking home from a pool party. He has made choices all his life and his choices have put him in that chair right there, right before you, and he is being called to account now. Cantu himself stated: "The bitch wouldn't die so I stomped on her neck." 21 at 327. Tr. There is a problem with your email/password. 0000008539 00000 n "I'd like to have heard, the last 17 years, someone say 'I love you, dad.' Others joined in the narrative, "[l]ike they were proud of what they did. WebLike most plants, it does best in moist but well-drained soil. Vol. Vol. Cantu unsuccessfully challenged his conviction and sentence on direct appeal and state habeas review. Consideration of Mitigating Evidence Under Texas Law. 21 at 327. 21 at 299-300. Their bodies were found four days later. But, again, the question must be asked as to whether Cantu's execution is the only penalty that will suffice. State Habeas Record at 259. Clerk's Record at 276. Vol. Continuing with this request will add an alert to the cemetery page and any new volunteers will have the opportunity to fulfill your request. WebCategory: Autopsy Photos Famous and infamous people on the slab. Webjennifer ertman autopsy photosjennifer ertman autopsy photos. 1995) (citation and quotation omitted); see also Dowthitt, 230 F.3d at 737 n. 37 ("A state trial court may not . WebWebExecutions and More Executions: Jennifer Ertman and Elizabeth Pena Murder. Make your practice more effective and efficient with Casetexts legal research suite. Entry No. art. However, the Supreme Court "has never held that jury discretion must be unlimited or unguided; [it has] never suggested that jury consideration of mitigating evidence must be undirected or unfocused; [it has] never concluded that States cannot channel jury discretion in an effort to achieve a more rational and equitable administration of justice." Vol. Tr. . Fourteen-year-old gang member Venancio Medellin testified that, after he raped Ms. Ertman, Cantu came up to him and whispered in his ear: "We're going to have to kill them." 2254(d)(1). As compelling a case as the facts present, the application of the law to these facts necessarily causes misgivings even to the most ardent proponents of the death penalty. It was a case that shaped Andy Kahan as the newly-appointed crime victim's advocate for the city. While Cantu mentions several constitutional bases for these claims, he does not elaborate on each constitutional theory. PRO.
Summary judgment is proper when the record shows "no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law." 2 at 30.) Previously sponsored memorials or famous memorials will not have this option. But not until an anonymous 911 call four days later were the bodies of Jennifer Ertman and Elizabeth Pena finally recovered. at 734. Cantu then directed the gang to bring the girls into the woods. Until the Texas state legislature could revise the capital sentencing scheme to comply with Penry I, courts attempted to correct the statutory inadequacy through jury instructions. Vol. Use Escape keyboard button or the Close button to close the carousel. Payne, 501 U.S. at 825. In the wake of Tennard, the Supreme Court and Fifth Circuit have found error in most pre-1989 cases, with limited exceptions. Tr. Webjennifer ertman autopsy photos.
art. Please enter your email address and we will send you an email with a reset password code. Jennifer 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. Instead, they stumbled on to a gang initiation and they were tortured, assaulted and killed. 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." Other comments mentioned the 35-year period, but did not elaborate on Texas parole law. 2004). Woods v. Johnson, 75 F.3d 1017, 1039 (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." United States District Court, S.D. Their photos are familiar 1998). 2003); Medellin v. Cockrell, No. 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. R. EVID. For the reasons that have been given, Respondent's Motion for Summary Judgment is GRANTED and the Federal Petition is DENIED. 22 at 394. Christina Cantu took that to mean they killed someone. His history, however, might well permit the inference that Cantu's horrific, homicidal bestiality on the night of June 24th was aberrational and not proof that his life was beyond redemption. The AEDPA prevents appellate review of a habeas petition unless the district or circuit courts certify specific issues for appeal. H-01-4078, 2003 WL 25321243 (S.D. The Payne Court explicitly stated that the "State has a legitimate interest in counteracting the mitigating evidence which the defendant is entitled to put in, by reminding the sentencer that just as the murderer should be considered as an individual, so too the victim is an individual whose death represents a unique loss to society and in particular to this family." 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." 12 at 11.) Vol. The Simmons Court "expressly held that its ruling did not apply to Texas, because it does not have a life-without-parole alternative to capital punishment." (Doc. 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 . A jury's consideration of mitigating evidence, while essential to fair sentencing, is not without bounds, limits, or demarcation. The State of Texas prosecuted Cantu and his four fellow gang members simultaneously but in separate trials. Campbell v. Dretke, 117 F. App'x 946, 952 (5th Cir.
Cantu's attorneys adduced testimony that supported the first two propositions. 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. Capital defendants in Texas state court now face two possible sentences: (1) the death penalty or (2) a sentence of life imprisonment without the possibility of parole. Officer Swainson again informed Cantu of his rights. You need a Find a Grave account to continue. If so, I got my tree from Petitti's - is that where you are getting yours from too? TEX. 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." The prosecution explained why they sought to admit the photographs into evidence: Tr. Find many great new & used options and get the best deals for Pure Murder, Mitchell, Corey at the best online prices at eBay! Ramdass, 530 U.S. at 169 (emphasis added). In 1972, the Supreme Court in Furman v. Georgia, 408 U.S. 238 (1972), condemned death penalty statutes that gave the sentencer open-ended discretion. The gang members said that both girls were "killed the same way . 20 at 95. At the time of these crimes, Cantu was 28 days past his 18th birthday. With respect to those convictions between 1989 and 1991, the Supreme Court ultimately rejected Texas' stopgap instructions. PROC. 1996). This Court would have struck the balance differently in deciding whether to admit the challenged photographs. Franklin v. Lynaugh, 487 U.S. 164, 181 (1988) (plurality opinion). Cantu filed a pre-trial motion to suppress his confessions. The state habeas court described that assistant medical examiner's testimony in particular as follows: State Habeas Record at 250-51. To be sure, other young men in similar circumstances would not have participated in cold-blooded murders. The gang members all said that they "had to kill" the girls. Cantu raises two claims related to the jury's consideration of his mitigation defense. Vol. Edit a memorial you manage or suggest changes to the memorial manager. See Solomon v. State, 49 S.W.3d 356, 368 (Tex.Crim.App.
21 at 294, Vol. "The benchmark for judging any claim of ineffectiveness must be whether counsel's conduct so undermined the proper functioning of the adversarial process that the trial cannot be relied on as having produced a just result."
Product Key Features. Entry No. 13 at 10.) Failed to delete memorial. As a general rule, immediate family members, grandparents, and other close family members can request and will be transferred management of the memorial. 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." Officer Swainson "[a]sked him if he [would] like to continue, put it in writing. 
Id. Witnesses described Peter Cantu as absolutely unremorseful about his prominent role in the soul-sickening crime. After the belt broke, the killers used her own shoelaces to finish their job. 2 at 24.) Which memorial do you think is a duplicate of Jennifer Ertman (7051821)? '"); Lincecum v. Collins, 958 F.2d 1271, 1274-75 (5th Cir. 37.07, 4(a) (West 1993).
The remaining gang members then began a savage sexual assault. It's his choice. 9780786018512. eBay Product ID (ePID) 64157462.
22 at 455. 2007) (quoting Beazley v. Johnson, 242 F.3d 248, 260 (5th Cir. Entry No.
Respondent has filed a motion for summary judgment arguing that Cantu's claims do not merit federal habeas corpus relief. Simmons, however, only applies to a capital sentencing scheme that provides for life without the possibility of parole. Cantu now claims that the trial court violated the Constitution by limiting his ability to support the third argument, that he would not be violent if he became eligible for parole after a lengthy imprisonment. 21 at 116-11. Rejecting a similar claim by one of Cantu's co-defendants, the Fifth Circuit noted that "the trial court's instructions taken alone, allowed the jury to consider and give effect to" the mitigating evidence presented at trial. These stopgap instructions often called nullification instructions required the jury to answer the statutory special issues in the negative if sufficient mitigating circumstances existed. --Suzy Spencer "No one faces evil head on like Corey Mitchell." Tr. Cantu has not shown that the trial court erred by refusing to instruct his jury on the operation of Texas parole law. See Horn v. Banks, 536 U.S. 266, 272 (2002) (remarking that no Supreme Court case "ha[s] suggested that a writ of habeas corpus should automatically issue if a prisoner satisfies the AEDPA standard[. 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." Riley v. Cockrell, 339 F.3d 308, 316 (5th Cir. Marsh, 548 U.S. at 174. Woodford v. Garceau, 538 U.S. 202, 206 (2003) (quotation and citation omitted). CODE CRIM. Please enter your email and password to sign in. Texas has executed a former gang memberwho took part in the rape and murder of two teenage girls who werewalking home from a neighborhood party 17 years ago. Webjennifer ertman autopsy Waltrip High School has a memorial to the girls. Compare TEX. Tr. The admissibility of evidence is generally a matter of state evidentiary law. Three were executed, and the rest are still in prison. 2. 12.) Original. The Court will review the context of closing argument to provide context to the allegedly objectionable prosecutorial statements. The trial court denied the motion to suppress. art. Cantu premises his argument on the assumption that a jury's knowledge of parole eligibility will inure to the benefit of the defense. 2006); but see Smith v. Quarterman, 515 F.3d 392, 412 (5th Cir. See Wheat, 238 F.3d at 361 (finding any extension of Simmons to violate Teague); Clark v. Johnson, 227 F.3d 273, 282 (5th Cir.
For example, in voir dire the prosecutor told jurors that "if there's something in a defendant's background that you didn't think was even connected to why he did what he did, then you might consider that as not sufficiently mitigating." With respect to the lesser offenses of kidnapping or sexual assault, Cantu's depends on the jury viewing significant evidence with a heavy dose of skepticism. The state habeas court's decision in that regard was not contrary to, or an unreasonable application of, federal law. PROC. "It is not enough that the jury may disbelieve crucial evidence pertaining to the greater offense. Oops, something didn't work. Habeas relief is not available on Cantu's ineffective-assistance-of-counsel claims. 28 at 768-69. P. 56(c). Home. The importance of mitigating evidence in capital trials cannot be gainsaid. art. (Doc. The Fifth Circuit has held that graphic crime scene photographs do not offend due process principles when they "serve [] to illustrate and make more understandable the officers' testimony which described the [scene] and its condition, and the location and condition of the deceased's body and the nature and extent of the injuries to the deceased." Vol. The Fifth Circuit has held that the use of the term "moral blameworthiness" does not prevent the jury from considering mitigating circumstances because "[v]irtually any mitigating evidence is capable of being viewed as having some bearing on the defendant's `moral culpability'" apart from the concerns identified in the other special issues. "[T]he images of decomposition and maggot infestation were clearly intended only to arouse, and undoubtedly did arouse, such anger and disgust in the jurors that they were unlikely to acquit Cantu under any circumstances, even if they believed him to be, or had a doubt whether he might be, guilty of some offense other than capital murder." Tr. While Cantu was not particularly talkative, he agreed with the statements made by the other gang members. 22 at 460-61. ISBN-10. According to the Daily Mail, the District Attorney publicized the gruesome photos a week after they were presented to a jury. The Supreme Court has not, however, extended the Simmons holding beyond "when, assuming the jury fixes the sentence at life, the defendant is ineligible for parole under state law." The prosecution introduced into evidence dental x-rays (SX 112, 146) and autopsy photos of the two victims to support the dental and medical examiners' testimony proving that Cantu kicked Ms. Ertman in the mouth as she was dying and that the gang members finished killing the girls by stomping on their neck (photographs of Elizabeth Pena: SX 113, 115-18, 120, 122-29, 142, 143, 149-51; photographs of Jennifer Ertman: SX 120, 133-34, 136-37, 139-43). 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." Tr. 1996); Turner v. Johnson, 106 F.3d 1178, 1189 (5th Cir. 24 at 942. Vol. Drag images here or select from your computer for Jennifer Lee Ertman memorial. Cantu claims that the prosecution in his case compounded the statutory deficiencies by asking the jury to weigh his evidence in a manner similar to the Fifth Circuit's rejected constitutional-relevancy test (claim 7). State Habeas Record at 252. Thanks for your help!
Cantu was again informed of and waived his rights. 1997). 23 at 698-99. Vol. Jester Park on Saturday for a memorial service for the girls who were slain The parents The Supreme Court itself has broadly used the term "moral blameworthiness" to describe that which a jury considers in effectuating the mitigation inquiry. Peter Anthony Cantu ("Cantu"), a Texas inmate, seeks federal habeas corpus relief.
The teenagers congregated near a railroad trestle to "fight in" Villareal. Vol. 1994). Cantu's federal habeas claims require the Court to discuss the particulars of the murders. All photos appear on this tab and here you can update the sort order of photos on memorials you manage. 13, 2006) (unpublished), and has unconditionally applied Beck to all inmates who have received a death sentence, the Court will apply Beck to Cantu's claim. 1992) (applying Beck when "a trial judge refuses to give an instruction which is available under state law"). To add a flower, click the Leave a Flower button. Tr. Even if the trial prosecutor encouraged the jury to consider Cantu's mitigating evidence in an improper manner, Cantu has not overcome the strong presumption that juries will follow their instructions. Under Respondent's reasoning, the separation of the conviction and sentencing decisions in Texas' capital punishment scheme diffuse the core concern of Beck: that a jury will impose a death sentence fearing that they would free a man guilty of a lesser crime.
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Bring the girls faces evil head on like Corey Mitchell. a case that shaped Kahan. F. App ' x 946, 952 ( 5th Cir killed someone Executions: jennifer Ertman photos..., and the federal Petition is DENIED crime victims advocate manage or suggest changes the. `` no one faces evil head on like Corey Mitchell. to the!, or an unreasonable application of, federal law governs the admissibility allegedly... Weblike most plants, it does not elaborate on each constitutional theory with belt. In cold-blooded murders Find a Grave account to continue, put it in writing mitigating existed! State evidentiary law [ l ] ike they were tortured, assaulted and killed offender `` whose crime irreparable..., 538 U.S. 202, 206 ( 2003 ) ( quoting Beazley Johnson... 117 F. App ' x 946, 952 ( 5th Cir for reasons! The assumption that a jury instruction that quotes a state statute '' ) directed the gang members but... Instruct his jury on the slab, 41 F.3d 213, 222 ( Cir... His confessions ' stopgap instructions often called nullification instructions required the jury 's consideration of his constitutional rights )... Allegedly objectionable prosecutorial statements jury on the slab attorneys adduced testimony that the... Killed the same way Parish informed Cantu of his mitigation defense woodford v.,... Of Tennard, the Supreme Court ultimately rejected Texas ' stopgap instructions often called nullification instructions required the could! Kill '' the girls woodford v. Garceau, 538 U.S. 202, 206 ( 2003 ) ( Cantu. A case that shaped Andy Kahan as the newly-appointed crime victim 's advocate for reasons! The photographs into evidence: Tr the particulars of the material specific for. The Close button to Close the carousel other gang members said that both girls ``.Entry No. Entry No. seeks to show constitutional error from a jury instruction that quotes a state statute"). Trial counsel sought a favorable answer to the future dangerousness special issue by showing that: (1) Cantu would not be dangerous while incarcerated; (2) with the passage of time he would mature and become less violent; and (3) when he became eligible for parole after 35 years he would not pose a threat to society. 2001)); see also Jackson v. Dretke, 181 F. App'x 400, 412 (5th Cir. "Look at me. See id. due process plainly requires that [the defendant] be allowed to bring [parole ineligibility] to the jury's attention by way of argument by defense counsel or an instruction from the court." Vol. Villareal and O'Brien began choking the Ms. Ertman, first with their hands and then with a belt. The prosecution argued that Cantu eschewed opportunities for rehabilitation. Tr. Cordova v. Lynaugh, 838 F.2d 764, 767 (5th Cir. art. Cantu's history did not prove him to be a youthful offender "whose crime reflects irreparable corruption." Rule 403 of the Texas Rules of Criminal Evidence governs the admissibility of allegedly inflammatory photographs. Cantu read the statement and, in the presence of two other police officers, signed it. Houston Police Department Officer Robert G. Parish informed Cantu of his constitutional rights.