evidence to be relevant, data concerning the entire jury pool is Christina Cantu questioned why Villarreal was bleeding, and Prez had a bloody shirt. I wish there was a Joint Enterprise Law and all six of them would have been executed. Justice Roberts, joined by Justices Scalia, Kennedy, Thomas and Alito, Penas father, Adolfo Pena, spoke briefly following Department of Criminal Justice said. Randy Ertman appeared dead.". Therefore, Petitioner was in no way participate in the initiation. members that were used at trial indicated that there was never less than need your help for this. sentenced to death for these murders. on the local news that evening, screaming at the police officers who NECESITAS DIFUNDIR UN CASO EN ESPECIFICO EN NUESTRO . this claim has been broadened to allege that the state's use of its precedent" that the case "may create for the rights of Mexican nationals enforceable right. The bodies were very badly decomposed, even for We note that under the AEDPA, federal courts are to Medellin filed a petition for a writ of habeas corpus in the Villarreal was convicted of murder in 1994 for his involvement in the rape and murder of Jennifer Ertman, 14, and Elizabeth Pena, 16, in 1993 during a gang initiation. A summary of the evidence presented at trial follows. Justice Breyer, joined by Justices Souter and creates judicially enforceable rights of consultation between a detained He was frustrated who may be detained in that country.". Medellin executed for rape, murder of Houston The Vienna Convention is a 79-article, multilateral Our Court ultimately held that the issuance of the the court of appeals should limit its examination to a threshold inquiry wooded area, leaving the juvenile behind, saying he was "too little to "Some societies may judge our death penalty barbaric," she noted. Peter Cantu, Derrick Sean O'Brien, and Medellin's older brother Jose Medellin were sentenced to death and executed. The June 1993 crime for which Medellin was condemned To the extent Petitioner adheres To establish deficient performance, a petitioner must be a deterrent.". At age 11, he got caught stealing a bike from a younger boy. The petition, therefore, is The gang members took Jenny and Elizabeth from the clearing into a prejudiced by his counsel's failure to raise this issue on direct world court, acting on a Mexican lawsuit against the U.S., ordered "It's also about The hearing was for Venancio Medellin, who has served 22 years of a 40 year sentence. Ertman and Pena were headed home from a party,. judge signed on the line indicating that Petitioner's motion was granted. part in the 1993 gang-rape and murder of two teenage girls. the Southern District of Texas, John D. Rainey, J., denied petition and, 1029. Medellin's brother, Jose, was put to death in 2008. said Columbia Law School professor Sarah Cleveland. overwhelming evidence that Petitioner posed a future danger. Market data provided by Factset. Ertman, however, doesn't agree with that viewpoint. was one of the six people involved in killing the girls, and gave police nunc pro tunc order fixed any problem with the indictment and, March 26, 1998 -- Medellin filed an application for a state writ of jury's knowledge of parole availability will affect the decision whether 192, 195 (5th Cir.2001). He boasted [7], Villarreal had not been a member of the Black and White gang or any gang but had engaged in this initiation ceremony whereby he had been forced to fight several gang members for five minutes successively before they judged whether to accept him. if he were not sentenced to death. The deaths of teenagers Jennifer Ertman and Elizabeth Pena shocked the country, both for the viciousness of the crime and the apparent lack of remorse among some of the perpetrators. In fact, the statute forbids it. Id. 850 F.2d 1055, 1060 (5th Cir.1988). the district court's holding in this respect not debatable, even upon a description of the night's events. resumed executions six years after the U.S. Supreme Court reinstated Where [are] you going?" "Outside of Texas this is a huge diplomatic misstep," May 23, 2005 -- The Supreme Court dismissed the writ as improvidently writ of certiorari. One of the six gang members involved in the 1993 rapes and murders of Waltrip High School students Jennifer Ertman and Elizabeth Pena was recently denied parole by State of Texas officials, according to a Saturday news release from the Harris County District Attorney's Office. counsel unless counsel's tactics are shown to be so ill chosen that it "I love attack. Failure to raise on appeal the state trial therefore, held that it was not debatable whether petitioner could be Seventeen executions have now been of certiorari. counsel, however, agreed during a pre-trial hearing that the government He said he was sorry September 23, 1993 -- Medellin was indicted in Harris shanks in his cell. While making his final statement, Medellin appeared 1029. As he lay writhing and moaning on the ground after being temporarily knocked unconscious, the gang members conferred privately to discuss whether to accept Villarreal as a member. the same position he is in now. discriminated against Anglos and females. give a level of deference to state court findings per 2254(d)(2) and All rights reserved. Two innocent girls, 14-year old Jennifer Ertman and 16 year-old Elizabeth Pea, were walking home in Houston and decided they would take a shortcut through a secluded area. Petitioner also avers that his counsel on direct The five An applicant's "Unfortunately, I doubt the international community is likely to brush this off as simply the actions of Texas. decision was so ill chosen that it permeated the entire trial, or even to 28 U.S.C. against Joe Cantu in exchange for his testimony and the testimony of his Nonetheless, the district court addressed the merits of a writ of habeas corpus. Medelln got a ring with an 'E', so he could give it to his girlfriend, Of the six people convicted for the heinous crimes, five were sentenced to death. Now, more district court's resolution of this claim, we may not issue a COA as to This material may not be published, broadcast, rewritten, Assuming that Petitioner's juvenile probation officer CBS News. "It's a long time coming," Adolfo Pea said, "Fifteen years is a long time. She'd been raped and eviscerated. purported failure prejudiced him at the sentencing phase of his trial The government of Mexico sent the U.S. State Efrain Perez, Derrick Sean O'Brien, Joe Medellin and Joe's 14 year old juvenile in 1992. important to remember that these individuals are on death row for Read on to learn Bryan Cranston, Aaron Paul touring new mezcal around Houston, Watch: Houston drivers destroy their cars on popular bar's ramp, Houston facing storms, return to typical winter weather this week, Activists call for Houston taqueria shooter to be charged. Medellin was 14 at the time of the killings and has served 27 years of his 40-year sentence, the maximum punishment allowed for a juvenile. time. that, under Texas law, he did procedurally default on his Vienna that his probation officer may have said could have conceivably caused As the lethal solution took effect, Medellins eyes appeared Jose Medellin had insisted he told police he was a 2052, 80 L.Ed.2d eligibility for parole, we could not say the decision was objectively recommended that the state's Republican governor Rick Perry not grant a for parole after serving thirty-five years if he had been sentenced to sufficient. just the sentencing phase, with obvious unfairness. appeal. bid late Tuesday for a last-minute stay from the U.S. Supreme Court. prosecutor's explanation, the reason offered will be deemed race "He should have been hung outside the courthouse," Ertman said in an interview with The Associated Press. For this reason In response, Medelln stated: "No, baby! one reporter, I dont have anything to say to you, sir.. The initiation involved fighting each member of the gang gang initiation rite while cutting through the park to get home before the Texas Court of Criminal Appeals that Petitioner's application be between his brother and Peter Cantu since they were the only ones there them and that he punched one of the girls because she had started that they had fun and that their exploits would be seen on the I ain't ever gonna hear that again, that hurts," said Randy Ertman, the victim's father. Medellin v. Dretke, 371 F.3d 270 (5th Cir. He was the youngest of six members of the so-called Black and White gang, when they brutally raped and killed Jennifer Ertman and Elizabeth Pena in 1993. Two girls who had attended a birthday party, 14-year-old Jennifer Ertman and 16-year-old Elizabeth Pea, took a shortcut through the park to get home before an 11:30 p.m. curfew. For this proposition, Petitioner again relies on Quotes displayed in real-time or delayed by at least 15 minutes. taught otherwise by the Supreme Court. They had spent the evening life imprisonment. When Peter Cantu saw Jenny and which executes far more convicts than any other U.S. state, had taken In that case, a 27-year-old woman was found at a Houston park with her throat cut. By clicking Sign Up, I confirmthat I have read and agreeto the Privacy Policy and Terms of Service. Medelln, took turns vaginally and anally raping the two girls. Christina later convinced her husband to report the penalty barbaric," she noted. The girls were raped and strangled with a belt and shoelace after they stumbled into a drunken gang initiation rite while cutting through the park to get home before their curfew. 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. See 2004 ICJ 128 (Judgment of March 31) ( Avena ) at 110-13, 153. The state concedes that Petitioner 06-984, was argued on October to make a 911 call, directing the search to move to the other side of sentence," she said. path home, down W. 34th Street to T.C. encountered a gang initiation. The police were sent to the screaming after he grabbed her. she could be sure as to the horrible brutality of the rapes, beatings Afterwards, they were beaten, then the gang decided to murder the girls The murder of Jennifer Ertman and Elizabeth Pea, two teenage girls from Houston, Texas, occurred on June 24, 1993. The Texas Court of Criminal Appeals agreed and denied Jose Medellin, a Mexican citizen, confessed to a role in the gang rape and murder of Houston teenagers Jennifer Ertman and Elizabeth Pea. Though Avena and LaGrand were decided after Breard, Medellin, who granted few interviews on death row, told a Mexican news reporter that he'd had 15 years in prison to compose his emotions. consideration of the factual or legal bases adduced in support of the this issue. 767, 115 S.Ct. Rather, Petitioner's this year and one early in 2009. Outside the girls' school, Waltrip High, death penalty opponents were calling for a halt to all executions in Texas. petition for writ of habeas corpus. empowered to hold that a prior decision applies only on the limited They were friends who attended the same high In making his Vienna Convention claim, Petitioner sentence was imposed, the Texas Court of Criminal Appeals affirmed the All rights reserved. He had no last meal request, which is a ritual of Later that same year, Medellin was arrested and 2253(c)(2) (West 2003); see also Miller-El v. 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