People v. Williams

In this case we hold that When a court-appointed psychiatrist examines a defendant for the purpose of testifying in the sanity phase of a bifurcated trial, defendant’s constitutional privilege against self-incrimination is violated by allowing the psychiatrist to testify in the guilt phase that defendant confessed his guilt during the examination, when defendant has not placed his mental state at issue in the guilt phase of the trial.

Henry Williams pleaded not guilty and not guilty by reason of insanity to 10 counts of arson (Pen. Code, § 451) allegedly committed in May and June 1985. The court appointed Drs. Collins and Glathe to examine him pursuant to Penal Code sections 1026-1027. When Dr. Glathe’s report was filed with the court Williams requested resubmission of the insanity issue and the same doctors were reappointed “to examine the defendant’s past psychiatric records and if necessary to re-examine the defendant,” again under Penal Code section 1027. At the end of the guilt phase of the trial, after final arguments had been made to the jury, the trial court—having just received Dr. Glathe’s supplemental report—allowed the prosecutor to reopen the case for Glathe…