716 (Tex.Crim.App.1993) (en banc). 2 . See also Callins v. Collins, 510 U.S. 1141, 1141, 114 S.Ct. 1127, 1127, 127 L.Ed.2d 435 (1994) (Scalia, J., concurring in the denial of certiorari) ("The Fifth Amendment provides that ‘no person shall be held to answer for a capital ... crime, unless on a presentment or indictment of a Grand Jury ... nor be deprived of life . .. without due process of law.' This clearly permits the death penalty to be imposed, and establishes beyond doubt that the death penalty is not one of the 'cruel and unusual punishments’ prohibited by the Eighth Amendment.”). 3 . See, e.g., Jurek v. Texas, 428 U.S. 262, 96 S.Ct. 2950, 49 L.Ed.2d 929 (1976) (finding the Texas procedures constitutional); Estelle v. Smith, 451 U.S. 454, 101 S.Ct. 1866, 68 L.Ed.2d 359 (1981) (<HOLDING>); Barefoot v. Estelle, 463 U.S. 880, 103 S.Ct.
holding that the sixth and fourteenth amendments imply the right to selfrepresentation holding that amendments to procedure apply to both pending and future matters holding references to a defendants lack of remorse violate the fifth eighth and fourteenth amendments holding that fifth sixth and fourteenth amendments entitle criminal defendant to ex parte hearing on request for expert assistance holding that psychiatrists evaluation of a defendants future dangerousness implicates the fifth and sixth amendments