Buchanan v. Kentucky

In Buchanan v. Kentucky (483 U.S. 402 [1987], the Court held that the prosecution's use, in rebuttal, of defendant's statements made to his own expert did not violate the Fifth Amendment. The Court stated (id. at 422-423): "This statement logically leads to another proposition: if a defendant requests such an evaluation or presents psychiatric evidence, then, at the very least, the prosecution may rebut this presentation with evidence from the reports of the examination that the defendant requested." The Court further emphasized that the evidence was introduced in rebuttal and not on the government's direct case (at 422).