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SCHNEIDER v. LYNAUGH

No. 86-1495.

835 F.2d 570 (1988)

Michael Edwin SCHNEIDER, Petitioner-Appellant, v. James A. LYNAUGH, Director, Texas Department of Corrections, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

January 12, 1988.

Attorney(s) appearing for the Case

M. David Bryant, Jr., Dallas, Tex. (court-appointed), for petitioner-appellant.

Paula C. Offenhauser, Asst. Atty. Gen., Jim Mattox, Atty. Gen., Austin, Tex., for respondent-appellee.

Before RUBIN, WILLIAMS, and DAVIS, Circuit Judges.

ALVIN B. RUBIN, Circuit Judge:

In Buchanan v. Kentucky,1 the Supreme Court held that when a criminal defendant has introduced psychological testimony concerning his mental state, he may not then invoke the privilege against self-incrimination to bar the prosecution from rebutting his evidence with statements he made during an examination by a court-appointed psychiatrist. In this case, the defendant in a state court trial for aggravated...

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