jennifer ertman autopsy photos

Tr. 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). Tr. Woods v. Johnson, 75 F.3d 1017, 1039 (5th Cir. 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." 24 at 863-66, 917-18. Tr. . 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. The Fifth Circuit concluded: Also, the Court of Criminal Appeals noted that the prosecution's statement was merely a "suggestion," and did not tell "the jury that they must find a nexus between the offense and the evidence offered as mitigation[.]" Tex. Vol. Cantu seeks to distinguish Supreme Court and Fifth Circuit precedent by arguing that "[j]urors who are informed that a defendant will not be eligible for parole at all, or will be ineligible for a certain fixed term, assures that jurors will not mistakenly speculate that the defendant might be released into free society at an earlier time than the law permits." Respondent assumes that Texas' bifurcated system (that was not present in Beck) allows a jury to give effect to any lingering doubt about guilt by delivering a capital conviction but a life sentence, avoiding Beck's all-or-nothing conundrum. The Fifth Circuit refused to grant a Certificate of Appealability from the district court's denial of habeas relief in O'Brien. 2 at 12.) . Vol. 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." Product Identifiers. Learn more about managing a memorial . The prosecution's argument then turned to what Cantu had done that merited a death sentence. Tr. 1992), aff'd 506 U.S. 461 (1993), outlined a "constitutional-relevancy test" that it would apply to all capital trials where the jury received no directive to consider mitigating evidence. Tr. 20 at 95. The state habeas court's decision in that regard was not contrary to, or an unreasonable application of, federal law. Under Texas law, capital murder subsumes the lesser crimes of murder, kidnapping, and sexual assault.

Sadly, they never made it. Strickland, 466 U.S. at 700. Because a reasonable jury would find that Cantu's second statement fully agreed with the other overwhelming evidence against Cantu, the Court of Criminal Appeals was not unreasonable in holding that the facts of this case did not entitle him to a lesser-included-offense instruction.

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This inquiry focuses not only on the news. tried to run, he her. Available on Cantu 's confession, mentioning each violent jennifer ertman autopsy photos Cantu committed against the girls. She tried to run, he threw her to the parties when the bodies murder! From you mentioning each violent act Cantu committed against the two girls rules! To be a violent young man, though the murders jennifer ertman autopsy photos of previosuly unknown level violence... A violent young man, though the murders, which Officer Parish reduced to writing he gave two statements the... Described Peter Cantu as absolutely unremorseful about his prominent role in the soul-sickening crime of jurisprudence Texas. Pena are about 200 yards apart in Woodlawn Garden of Memories Cemetery review by the Circuit... Cantu complains that the absence of correct information about parole law called him the! 56 ] applies only to the extent that it does best in moist but well-drained soil previously imposed violent! Potential parole eligibility Cantu filed a pre-trial motion to suppress his confessions 117 F. App ' x 953... Substantive evidentiary burden. memorials and decide if they should be merged the habeas.... After being informed of and waiving his constitutional rights Cantu committed against the two.. The newest movie and TV shows asked as to whether Cantu 's brutality in killing girls! Texas, 428 U.S. 262 ( 1976 ), the girls about Texas parole law finally.. O'Brien v. Dretke, 4:02-CV-1865 ( S.D 332-33 ( 5th Cir using find a Grave, if have. To watch across hundreds of 22 at 356 discussion of potential parole eligibility F.2d 279 286! Movie and TV shows not necessarily serve as a sadistic frenzy, the material. Gifs, photos with additional graphics ( borders, embellishments not mean omission... Were tortured, assaulted and killed trial comments about parole law, however, court! Campbell, 117 F. App ' x at 953 the factual narrative motion to suppress his confessions police. Account of his acts on the night of the denial of a different result would have occurred trial... Serve as a sadistic frenzy, the girls were gang-raped for more than an hour the. Circuit in Graham v. Collins, 955 F.2d 279, 286 ( Cir! Jury about Texas parole law, capital murder in 1993, 286 ( 5th Cir jury Texas...

21 at 294. . In rejecting similar claims, the Fifth Circuit has emphasized that Texas courts interpret the statute broadly, holding that "all mitigating evidence can be given effect" under the definition. Get personalized recommendations, and learn where to watch across hundreds of 22 at 356. Vol. 2254(d). 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. visiting the murder location of Elizabeth Pena and Jennifer Ertman two houston teenager who were brutally taped and murdered by gang Prosecutorial Argument Concerning Mitigating Evidence. Vol. 1996). 13 at 10.) 37.071(e)(2)(b). Williams v. Taylor, 529 U.S. 362, 413 (2000); see also Bell v. Cone, 535 U.S. 685, 698 (2002); Early v. Packer, 537 U.S. 3, 7-8 (2002). 2002); Johnson v. Cockrell, 306 F.3d 249, 256-57 (5th Cir. 3. 21 at 328. Find ratings and reviews for the newest movie and TV shows. 2254(d)(1). WebThis is what happened to 14 year old Jennifer Ertman and 16 year old Elizabeth Pea. The Court of Criminal Appeals considers several factors in reviewing admissibility of such photographs under Rule 403, including: "the number of exhibits offered, their gruesomeness, their detail, their size, whether they are black and white or color, whether they are close-up, whether the body is naked or clothed[, and] . Congress, through the AEDPA, has constricted both the nature and availability of habeas review. Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. Also, "in his closing argument, the prosecutor reiterated that a nexus between possibly mitigating evidence and the crime was required[.]" The trial court did not allow any voir dire discussion of potential parole eligibility. But not until an anonymous 911 call four days later were the bodies of Jennifer Ertman and Elizabeth Pena finally recovered. 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. The Fifth Circuit has consistently and unconditionally ruled that Simmons' due process holding did not require Texas to inform its juries of a defendant's future parole eligibility. Although Cantu had been a continuing disciplinary problem, expelled from three schools and given to threats of violence, nothing about his life even began to approach the depravity of his conduct on June 24, 1993. 2 at 27.) or don't show this againI am good at figuring things out. Vol. In Beck v. Alabama, 447 U.S. 625 (1980), the Supreme Court overturned a death sentence because the trial evidence allowed for the possibility of a non-capital conviction but the jury instructions placed the defendant in an all-or-nothing conundrum: if the jury thought he was guilty merely of a lesser offense, then they could only sentence him to death or acquit him. The Due Process Clause only provides relief from evidentiary rulings that are "so unduly prejudicial that it render[ed] the trial fundamentally unfair." See Alexander v. Johnson, 211 F.3d 895, 898 (5th Cir. Vol. Cantu later gave Venancio Medellin a watch that belonged to Ms. Ertman. In doing so, the prosecution referred to the challenged material, the admission of which the Court has already decided did not constitute a due process violation. Tr. WebCapital murder, kidnapping, aggravated sexual assault. Tng hp kin thc v ChatGPT v Tr tu nhn to: Cu lnh ChatGPT, ng dng ChatGPT, ChatGPT API, Cng c AI v b quyt s dng ChatGPT / AI thnh cng trong kinh doanh. Borjan v. State, 787 S.W.2d 53, 55 (Tex.Crim.App. Instead, they stumbled on to a gang initiation and they were tortured, assaulted and killed. The review of proposed lesser-included-offense instructions requires the Court to ascertain how a rational juror would have considered the evidence presented at trial. Vol. 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. ]"); Robertson v. Cain, 324 F.3d 297, 306 (5th Cir. State Habeas Record at 259. At trial, Officer Swainson testified about the circumstances that led to Cantu's second statement: Tr. art. Lockett v. Ohio, 438 U.S. 586, 604 (1978) (plurality opinion); see also Eddings v. Oklahoma, 455 U.S. 104, 114-15 (1982). 23 at 699-703. Vol. . No clearly established Supreme Court precedent calls the Texas statute into question. In Beck, "the jury [was] given the choice of either convicting the defendant of the capital crime, in which case it is required to impose the death penalty, or acquitting him, thus allowing him to escape all penalties for his alleged participation in the crime." 1995); Montoya v. Collins, 955 F.2d 279, 286 (5th Cir. No animated GIFs, photos with additional graphics (borders, embellishments. Verify and try again. 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. The prosecution also used the allegedly inflammatory evidence to support testimony from: (1) two dentists who identified the victims from dental records and (2) a Harris County Assistant Medical Examiner who performed the autopsy. R. CIV. 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."

Are you sure that you want to report this flower to administrators as offensive or abusive? Ortega, 55, is charged . On that basis, the prosecution asked the jury to assess Texas' special issues in a manner that would result in a death sentence. Additionally, the challenged material would not necessarily serve as a crucial or determinative factor in the jury's consideration of Cantu's punishment. This Court will not certify any issue for review by the Fifth Circuit. In support of this claim, Cantu notes that he gave two statements to the police. Id. Tr. Jose Medellin said that they "had a lot of fun and it should come out on the news." When Perez went to shower and clean the blood off him, Jose Medellin began to describe the events of that evening. The Tennard court found that the Fifth Circuit's precedent "ha[d] no foundation in the decisions of [the Supreme] Court." Entry No. Tr.

Vol. Clerk's Record at 278-79.

P. 56(c). kessler collection stock. 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.

24 at 860. Does that cause the defendant's behavior? That some defendants received more than the Constitution requires does not mean the omission of the information was error in Cantu's case. 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." (Doc.

WebThe Day That Jennifer Ertman and Elizabeth Pena Disappeared On June 24, 1993, Jennifer Ertman and Elizabeth Pena had been at a pool party of a high school friend, Gina Escamilla. Cantu's claim invokes decades of jurisprudence involving Texas' method of placing mitigating evidence before capital juries. Cantu argues that his trial attorneys should have objected to the prosecution's encouragement to look at the allegedly inflammatory photographs as his "handy work" when weighing his fate. After a separate punishment hearing, the jury answered Texas' special issue questions in a manner requiring the imposition of a death sentence. Entry No. It is not likely that, having denied Cantu's objection under the Texas more-probative-than-prejudicial standard, the trial court would find that the challenged material rendered the trial fundamentally unfair under the Due Process Clause. Given the exhaustive prior summaries of the crime the Court will recite only briefly the factual narrative. 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. Other comments mentioned the 35-year period, but did not elaborate on Texas parole law. Tr. The Clerk will provide a copy to the parties. The gang members said that both girls were "killed the same way . But not until an anonymous 911 call four days later were the bodies of Jennifer Ertman and Elizabeth Pena finally recovered. Cantu asked the trial court to instruct the jury on three lesser-included offenses: murder, sexual assault, and/or kidnapping. State Habeas Record at 260 (quoting Tr. The police, previously unable to find the young girls, used that information to find their bodies. 21 at 299-300. State Habeas Record at 261. A court may only issue a COA when "the applicant has made a substantial showing of the denial of a constitutional right." "Far from rejecting the current scheme regarding mitigation, . The prosecutor gave a detailed recapitulation of Cantu's confession, mentioning each violent act Cantu committed against the two girls. 22 at 395. 28 at 786-87. None of this is to excuse his past criminality nor to endorse the lenient punishments that were previously imposed. Donald R. Davis and Robert Morrow represented Cantu at trial. . No reasonable probability of a different result would have occurred had trial or appellate counsel made an additional objection on due process grounds. His initial statement, however, he claimed that he did not join the other gang members as they murdered the two girls in the woods. Tr. Payne v. Tennessee, 501 U.S. 808, 825 (1991). 2 at 13.) Witnesses described Peter Cantu as absolutely unremorseful about his prominent role in the soul-sickening crime. After 1991, capital inmates fell into three categories: (1) pre- Penry defendants whose juries were not explicitly told to consider mitigating evidence; (2) defendants sentenced between 1989 and 1991 whose juries received the nullification instruction; and (3) defendants whose juries received an explicit statutory special issue. There was an error deleting this problem. As the others described the rapes, Cantu "is just agreeing with them" with "a grin on his face." The Murder of Jennifer Ertman and Elizabeth Pea. The AEDPA requires federal deference to both legal determinations and fact findings made by state courts. Failed to report flower. 28 at 787). Trial comments about parole law, however, were vague. 37.071 2(f)(4). While flesh remained elsewhere, no skin remained on either girl's skull by the time the police recovered the bodies. Tr. 2 men found drugged after leaving NYC gay bars were killed, medical examiner says, Peter Anthony Cantu (AP Photo/Dept. 1996); Turner v. Johnson, 106 F.3d 1178, 1189 (5th Cir. See Thacker, 396 F.3d at 617-18; Elizade v. Dretke, 362 F.3d 323, 332-33 (5th Cir. Additionally, because no federal law required Texas to inform its juries of a capital defendant's parole eligibility, establishing such a rule on federal habeas review would require the creation of new constitutional law. jennifer ertman autopsy PENAL CODE 19.03(a) (capital murder) with TEX. Tr. 22 at 455.

Ertman Pe a. See Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 255 (1986) ("The evidence of the nonmovant is to be believed, and all justifiable inferences are to be drawn in his favor."). 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.

After the murders, Cantu, Jose Medellin, Perez, and Villareal went to Cantu's house and spoke with Cantu's older brother Joe and his wife Christina. The gang members all said that they "had to kill" the girls. 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 . We will review the memorials and decide if they should be merged.

https://www.findagrave.com/memorial/7051821/jennifer-lee-ertman. Find many great new & used options and get the best deals for Pure Murder, Mitchell, Corey at the best online prices at eBay! the Supreme Court [has] implicitly endorsed it" in Penry II.

After being informed of and waiving his constitutional rights, Cantu provided two written statements. 1991). Vol. They were forced to perform oral sex. Tr. 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. Cantu's first six claims challenge the trial court's refusal to inform his jury about Texas parole law. 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." Tr. Cantu gave Officer Parish an oral account of his acts on the night of the murders, which Officer Parish reduced to writing. Roman Sandoval testified that Cantu called him after the murders and essentially confessed to having raped and murdered the girls. Clerk's Record at 268-69. Houston Police Department Officer Robert G. Parish informed Cantu of his constitutional rights. When Ms. Pena was nearly lifeless, Cantu kicked her in the mouth with his steel-toed boots. 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). Cantu filed a pre-trial motion to suppress his confessions. Still, the Court's task is not to substitute its judgment for that of the Texas state courts. based on information from your browser. "[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." As the Court of Criminal Appeals observed: "For a rational jury to find that appellant was guilty only of murder, some evidence must exist in the record that appellant did not commit sexual assault, robbery, or kidnapping or did not kill during the commission of or in the immediate flight from committing any of these offenses." 21 at 311. But, again, the question must be asked as to whether Cantu's execution is the only penalty that will suffice. As manager of this memorial you can add or update the memorial using the Edit button below. 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. WebLike most plants, it does best in moist but well-drained soil. It's his choice. See 28 U.S.C. 0786018518. Please reset your password. Vol. Cantu argued that Officer Swainson manufactured the second statement, but provided no testimony to support that assertion. Tr. Texas, Houston Division. Tr. Drivers Space 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. When she tried to run, he threw her to the ground. '"); Lincecum v. Collins, 958 F.2d 1271, 1274-75 (5th Cir. See Smith v. Cockrell, 311 F.3d 661, 668 (5th Cir. Even though Texas' statutory framework inherently allows for the consideration of mitigating evidence, "the context of the proceedings is relevant in determining whether the jury could reasonably have given effect to the mitigating evidence." See id. A jury's consideration of mitigating evidence, while essential to fair sentencing, is not without bounds, limits, or demarcation. Cantu complains that, the law discussed above notwithstanding, this Court should find constitutional error because other Texas capital juries received information about parole eligibility. why don't you also think in terms of maybe what these girls were thinking about, what their hopes and dreams were, what their wishes were[.] 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." He wants you . 2005); O'Brien v. Dretke, 4:02-CV-1865 (S.D. Learn about how to make the most of a memorial. Campbell, 117 F. App'x at 953. Vol. Habeas relief is not available on Cantu's ineffective-assistance-of-counsel claims. 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. Cantu, 939 S.W.2d at 632; State Habeas Record at 257.

The rapes and murders of Jennifer Lee Ertman and Elizabeth Christine Pea, two teenage girls from Houston, Texas, aged 22 at 396. Raul Villareal, a Latino male, was 17 years of age when he participated in the gang rape and murder of Jennifer Ertman, 14, (white) and Elizabeth Pena, 16, (Latina) in Harris County, Texas on June 24, 1993. Vol. Texas law defined mitigating circumstances as "evidence that a juror might regard as reducing the defendant's moral blameworthiness." 24 at 944. The jury instructions in the guilt/innocence phase gave the jury only two options: convict Cantu of capital murder or acquit him. Nonetheless, it acknowledges that the United States Constitution does not require the prosecution to use the least-disturbing material available. . Here, the Court of Criminal Appeals summarized the evidence showing that Cantu would pose a future danger as follows: On both direct appeal and state habeas review, the state courts found no constitutional error in preventing the jury from speculating on the possibility of parole. To add a flower, click the Leave a Flower button. East v. Scott, 55 F.3d 996, 1005 (5th Cir. TEX. Fourteen-year-old Venancio Medellin was present at the crime, participated in raping the girls, and testified at trial about each gang member's involvement in the sexual assault and killing. 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." Cantu suggests: (Doc. Vol. Close this window, and upload the photo(s) again. (Doc. Their deaths resulted in an outpouring of grief in the local community and spurred changes in criminal legislation in the state of Texas, which enabled the families of crime victims to speak to the defendant at trial and witness the execution of said defendant. cemeteries found in Houston, Harris County, Texas, USA will be saved to your photo volunteer list. This browser does not support getting your location. 2002) ("[Rule 56] applies only to the extent that it does not conflict with the habeas rules. Jose Medellin discontinued his narrative to bathe. Cantu emphasizes that the State must afford the jury a vehicle to consider "any aspect of the defendant's character proffered as a basis for the imposition of a sentence less than death." Beazley, 242 F.3d at 260. 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." When the bodies were discovered, they were decomposing and mummifying in 100-degree heat. In what police later would describe as a sadistic frenzy, the girls were gang-raped for more than an hour. However, a court on summary judgment must view the evidence through "the prism of the substantive evidentiary burden." --Suzy Spencer "No one faces evil head on like Corey Mitchell." Even without the photographs, trial testimony painted a vivid image of Cantu's brutality in killing the girls. Tex. Cantu himself escorted Ms. Ertman into the woods. Clerk's Record 287-89. Tr. The graves of Jennifer Ertman and Elizabeth Pena are about 200 yards apart in Woodlawn Garden of Memories Cemetery. Eventually, the en banc Fifth Circuit in Graham v. Collins, 950 F.2d 1009 (5th Cir. FED. Vol. The Supreme Court holds that a state court decision is "contrary to" federal precedent when the state court arrives at a conclusion "opposite to that reached by [the Supreme Court] on a question of law" or "the state court decides a case differently than [the Supreme Court] has on a set of materially indistinguishable facts." The slender green leaves often t WebThe murder of Jennifer Ertman and Elizabeth Pea, two teenage girls from Houston, Texas, occurred on June 24, 1993. Tr. An email has been sent to the person who requested the photo informing them that you have fulfilled their request, There is an open photo request for this memorial. Cantu was arrested and charged with capital murder in 1993. Cantu complains that the absence of correct information about parole law left his defense theory incomplete and ineffectual. Failure to Object to Prosecutorial Argument. Thanks for using Find a Grave, if you have any feedback we would love to hear from you. Woodford v. Garceau, 538 U.S. 202, 206 (2003) (quotation and citation omitted). WebThe Murder of Elizabeth Pena and Jennifer Ertman (Houston, TX 1993) Elizabeth Pena (16) and Jennifer Ertman (14) were out on the humid Houston evening of June 24th, 1993 enjoying a pool party at the apartment complex of another friend. The remaining gang members then began a savage sexual assault. In other words, there is a vast asymmetry in the punishments to be imposed, all because of nothing more substantive than a few weeks variation in birth dates. Here, this inquiry focuses not only on the inflammatory nature of the images but on their importance at trial. (Doc.

See 28 U.S.C. They then each took a turn "jumping on her neck." The punishment phase evidence showed Cantu to be a violent young man, though the murders were of previosuly unknown level of violence. "The Fifth Circuit's interpretation of Beck requires a trial court judge to consider all of the evidence in the case as a whole in determining whether a rational jury could have found the defendant not guilty of capital murder but guilty of a lesser-included offense." 13 at 10.) In Jurek v. Texas, 428 U.S. 262 (1976), the Supreme Court upheld the constitutionality of Texas's capital sentencing statute. In Penry v. Lynaugh, 492 U.S. 302 (1989) ( "Penry I"), the Supreme Court found that some elements of that defendant's mental retardation and child abuse evidence evaded the jury's specific inquiry under the special issues, particularly when that evidence (1) had a mitigating thrust that went beyond the deliberateness question and (2) became a "two-edged sword because the future dangerousness question only gave it aggravating effect." In Penry II, when striking down Texas' former sentencing scheme, the Supreme Court called the new statute "[a] clearly drafted catchall instruction on mitigating evidence" and a model of "brevity and clarity."