Regular readers of this blog are all too familiar with the vicious gang rape and murder of Jennifer Ertman and Elizabeth Pena in 1993. Jose Medellin was executed for his role in that crime after a long legal battle that made a trip to the World Court and two trips to the U.S. Supreme Court, ending in Medellin v. Texas, decided last year. CJLF's three briefs in Medellin's case are available on our briefs page.
On Tuesday, the Fifth Circuit denied a certificate of appealability in the case of the gang leader, Peter Cantu. The petition was filed in federal district court on Sept. 19, 2007, meaning the case took less than two years from district court filing to appellate panel disposition. Particularly for cases with no genuine question of identity of the perpetrator, there is no need to take any longer than that.
The main reason that federal habeas was not commenced until 14 years after the crime is that the state trial judge sat on the state habeas for 9 years.
From the Court of Appeals' opinion, it appears that the state courts were well within the scope of deference that AEDPA requires they be given, so I doubt there will be any stays for en banc or certiorari. Cantu will likely not ring in the new year of 2010, and this awful story will finally come to a close.
On Tuesday, the Fifth Circuit denied a certificate of appealability in the case of the gang leader, Peter Cantu. The petition was filed in federal district court on Sept. 19, 2007, meaning the case took less than two years from district court filing to appellate panel disposition. Particularly for cases with no genuine question of identity of the perpetrator, there is no need to take any longer than that.
The main reason that federal habeas was not commenced until 14 years after the crime is that the state trial judge sat on the state habeas for 9 years.
From the Court of Appeals' opinion, it appears that the state courts were well within the scope of deference that AEDPA requires they be given, so I doubt there will be any stays for en banc or certiorari. Cantu will likely not ring in the new year of 2010, and this awful story will finally come to a close.
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