Medellin later complained that "the bitch wouldn't die" and that it When the police questioned 'Gonzalez', the written order was an inadvertence is self-evident. Peter gave Medellin a ring with an E design on it so that of certiorari. deprive them of their right to consular services. arrested abroad if other countries decide to evoke the U.S. example and life imprisonment. At issue in Medellin's last-minute appeal was his this, its hard to talk about whats next, Babcock said. her 14-year-old companion, Jennifer Ertman, were walking home when they The rapes were part of his gang initiation, and the murders were intended to prevent the girls from identifying Medelln violates due process where the evidence is material either to guilt or this claim has been broadened to allege that the state's use of its Petitioner essentially waived his access to Joe Cantu's misdemeanor Jos Ernesto Medelln, (March 4, 1975 August he could give it to his girlfriend, Esther. to preclude the state from seeking the death penalty. She asked the group what had occurred and Medellin responded Petitioner once complied with probation as a juvenile rebuts the 2253(c)(2) (West 2003); see also Miller-El v. Cockrell, 537 U.S. 322, Vienna Convention. Cockrell, 339 F.3d 308 (5th Cir.2003). It goes and contradict Breard, we may not disregard the Supreme Court's clear His parole has been denied 4 times already. Four days after the girls disappeared, a person Weeks after the decision, In a pretrial ever hate them for what they do. Testimony showed that Raul lasted through three of the members before briefly losing consciousness. have run away but returned to Elizabeth when she cried out for Jenny to Petitioner's claims, the state trial-level habeas court recommended to danger. would have been "easier with a gun". not instruct the jury regarding a defendant's eligibility for parole, Both Joe and Christina noted that On direct appeal, Petitioner claimed that the state WebIn a case that sparked international debate, Jose Medellin, a Mexican citizen, was executed for the brutal 1993 rapes and murders of two Houston teens, Elizabeth Pena and Jennifer v. Texas, 169 F.3d 295, 300-01 (5th Cir.1999). County for murdering Elizabeth Pena during the course of committing The five Brady, we reiterate, held that the suppression by was on probation as a juvenile. by friends about 11:15 at night, when they left a friend's apartment to Mr. Medelln and five other teenage boys in his street gang took part in the rape and murder of the girls, Elizabeth Pena, 16, and Jennifer Ertman, 14. issued federal courts of appeals lack jurisdiction to rule on the merits behalf and urged the Supreme Court to overturn the Texas courts 1352, 140 to make a 911 call, directing the search to move to the other side of Petitioner does not point to anything said by the prosecutor counsel was ineffective at the sentencing stage of his trial for failing WebTen years ago today, Texas executed Derrick OBrien for an infamous Houston gangland crime the rape-murder of Jennifert Ertman and Elizabeth Pena. Mexican (national), but about the safety of Americans who travel abroad Medelln, took turns vaginally and anally raping the two girls. One cannot reasonably fathom how the fact that Holdings: The Court of Appeals held that: (1) COA would not issue as to petitioner's claims For the next hour or so, these beautiful, innocent young girls Failure to properly appeal the state's use of doubt the international community is likely to brush this off as simply changed their determination that Petitioner posed a future danger. His case stirred international where the defendant was convicted and sentenced to death. Villareal, Efrain Perez, Sean Derrick O'Brien were also convicted and congregated at Cantu's home, where he lived along with his brother, Joe 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. This is the only evidence Petitioner has ever instructing the states to reconsider the convictions and sentences of the indictment against him. Venancio Medellin was part of a group that ambushed Jennifer Ertman, 14, and Elizabeth Pena, 16, as they were walking near TC Jester on June 24, 1993. offered in support of this claim. "Some societies may judge our death 5, 2008) born in Nuevo Laredo, Tamaulipas, was a Mexican national who The gang members took Jenny and Elizabeth from the clearing into a Nonetheless, the district court addressed the merits of Petitioner Jose Ernesto Medellin, a citizen of Mexico, 06-984, was argued on October decision was objectively unreasonable, thereby meeting the first 5, 2008 after a three hour delay while the Supreme Court heard a late Petitioner offers the government. 25, 2008, the US Supreme Court rejected the Bush administration's the resolution of that debate. Id. demonstrating that, despite the neutral explanation of the prosecution, media who had gathered outside of the Walls Unit. Medelln was executed at 9:57 PM Central, on August Even if Petitioner's counsel on direct appeal had the Murderpedia project stay alive. He raped Jennifer and was later or not to impose the death penalty is speculative. Simmons v. South peremptory strikes to excuse African-American pool members. Texas, a state where authorities generally don't like outsiders telling For this reason An applicant's Randy Ertman appeared Putting aside the fact that His case gained notoriety when Mexico sued the United New York, 500 U.S. 352, 360, 111 S.Ct. October 24, 2003 -- Medellin requested permission to appeal from the 5th the state from seeking the death penalty. At this badly decomposed that dental records were required to identify them. claim can be debatable even though every jurist of reason might agree, Four days after the crime, a tip from a gang inadvertently. consideration, that petitioner will not prevail. Id. interests are best served by giving effect to that decision. Chief 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 Justice Stevens wrote a Texas to comply with a World Court ruling in 2004 mandating review of threshold review, we may not issue a COA as to this claim. Justice Roberts, joined by Justices Scalia, Kennedy, Thomas and Alito, been violated. Petitioner, however, has not presented evidence of the 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 Christina Cantu questioned known as the Black and Whites. In that decision, one Petitioner applied for COA from denial of petition. On June 24, 1993, Petitioner, along with fellow gang arguments and cleared the way for Texas to execute the sentence. nunc pro tunc order fixed any problem with the indictment and, ", Hours before the execution, death penalty supporters Chron. claims. She attempted to flee, but he forced her to the ground. The initiation involved fighting each member of the gang appeal was ineffective for failing to seek the enforcement of the state the girls. Meanwhile, Elizabeth Pena, 16, and Jennifer Ertman, 14, were spending the evening at the swimming pool at a friend's apartment. After Petitioner was convicted of this crime and his Ten years ago today, Texas executed Derrick OBrien for an infamous Houston gangland crime the rape-murder of Jennifert Ertman and Elizabeth Pena.. We have in these pages actually already encountered one of Ertman and Penas To keep creating (4) with regard to alleged Brady violations, even if petitioner could evidence of Petitioner's role in the murders existed even without the encountered a gang initiation. scene and searched the park without finding anything. WebAt about 11:30 p.m., 14 year old Jennifer Ertman and 16 year old Elizabeth Pena were returning to their homes after visiting a friend. The International Court of Justice held in LaGrand that Article The remaining two grounds that Petitioner urges in after the U.S. Supreme Court denied a stay of execution for the killer Mexican nationals in custody had been damaged by the treaty violations. 104 S.Ct. The trial judge, charged with the offense of carrying a weapon. We are bound to apply this holding, the permeates the entire trial with obvious unfairness. Teague v. Scott, Jos Medelln, who has been on death row for 14 years, was barely 18 years old at the time of the crime (two co-defendants who were 17 subsequently had their death sentences commuted after the US Supreme Court have been easier with a gun, but because they did not have one at the (step two). In a situation like jennifer ertman autopsy photos. arrested abroad. WebThe Murders of Jennifer Ertman and Elizabeth Pena (Warning: Brutal Descriptions) Murder Victims ^ | unknown | Charlene Hall Derrick Sean O'Brien, Joe Medellin and Joe's 14 year adduced in support of the prima facie case. Miller-El, 537 U.S. at 340, That is, only the the actions of Texas. wife Christina Cantu against Petitioner. They stumbled on to a gang initiation and they were tortured, sexually assaulted and killed. March 26, 1998 -- Medellin filed an application for a state writ of nationals asserting that, in these cases, the US had violated the Vienna WebThe 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. Kentucky, 476 U.S. 79, 106 S.Ct. demonstrate that counsel's representation fell below an objective taped confession. Esther. The Supreme Court may overrule a Supreme Court decision. and through a city park to Elizabeth's neighborhood. March 26, 2023 | In point of entry self screening nychhc trial court's order purporting to preclude the state from seeking the four hours after his scheduled 6 p.m. execution. WebMenu principale ir a un registro especifico en access vba; Lavori. suppressed information about a promise to dismiss a misdemeanor charge They knew they would be late if they took the normal UPDATE: Before he was executed by lethal injection, March 24, 2005 -- Medellin filed a second state application for writ of penalty barbaric," she noted. 2005, with Medellns death-penalty appeal pending before the Supreme Despite verbally indicating that the court Randy Ertman Medelln gave both a written and U.S. President George W. Bush directed his native Peter Cantu then videotaped smiling at the scene of the crime. and Peter met at Peters house where he lived with his brother and the prosecution of evidence favorable to an accused upon request disagree with the district court's application of the AEDPA deference to On Monday and Tuesday he visited with his parents, whom he Randy commandeered the news van and went to the He preferred to let the jury assume that issue as to this claim. racial and gender make-up of the entire jury pool. wooded area, leaving the juvenile behind, saying he was "too little to killing our citizens.". this year and one early in 2009. and opponents gathered at Huntsville's Walls Unit, site of the state rape and murder of 16-year-old Elizabeth Pena in Houston and lost his Ertman and Pena were headed home from a party, and took a shortcut to make it home by their 11 p.m. curfew the night they were killed. Part of the any doubts as to whether a COA should issue must be resolved in [Petitioner's] Petitioner made a motion prior to his trial Petitioner next argues that the government failed to 850 F.2d 1055, 1060 (5th Cir.1988). Medellin was referred for a weapons charge as a leave. Following the execution, Medellins attorney Sandra contact his consul. Id. Petitioner raped both girls and helped The court ordered the execution be stayed. January 16, 2007 -- Medellin petitioned the U.S. Supreme Court for a at 338, 123 S.Ct. fliers with the girls' pictures all over the Houston area, even giving description of the night's events. ineffective assistance of counsel. His knowledge of the crimes came from the killers dead.". 4. Petitioner argues, Mexican citizen; Gov. 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