[1] Ernest Benjamin Smith was indicted for murder for taking part in the armed robbery of a grocery store during which his accomplice fatally shot a clerk.

Defense counsel were aware after the fact that Dr. Grigson interviewed Smith when they saw the psychiatric report in the form of a letter filed with the court.

Thus the reliance by the State on the pretrial statements made to the doctor in the competency evaluation violated his Fifth Amendment rights in the same manner as forcing Smith to testify against his will at any phase of the trial would do so.

"[2] Smith's Sixth Amendment right to the assistance of counsel also was violated when the State introduced doctor's testimony at the penalty phase.

[2] The prisoner in question, Ernest Smith, had his conviction reduced in June 1981 to 'murder with malice aforethought' and was resentenced to life imprisonment.

The later ruling could be interpreted as meaning that if the defendant requests a competency evaluation, the Fifth Amendment protection is forfeited on any psychiatric issue raised as a defense.