“ Moreover, even after we remanded for further consideration in light of Satterwhite, a case that was premised exclusively on the Sixth Amendment, the court failed to give any further attention to the Sixth Amendment claim. Because the evidence of future dangerousness was taken in deprivation of petitioner's right to the assistance of counsel, and because there is no basis for concluding that petitioner waived his Sixth Amendment right, we now hold that Smith and Satterwhite control and, accordingly, reverse the judgment of the Court of Criminal Appeals. ”

“ Moreover, even if counsel had anticipated the Smith decision, he would only have been on notice that by raising a mental-status defense he might open the door to "use of psychological evidence by the prosecution in rebuttal." Buchanan, 483 U.S., at 425, 107 S.Ct., at 2919 (footnote omitted) . Nothing in Smith, or any other decision of this Court, suggests that a defendant opens the door to the admission of psychiatric evidence on future dangerousness by raising an insanity defense at the guilt stage of trial. ”

“ We also held-and in this respect the Court's judgment was unanimous-that, once a capital defendant is formally charged, the Sixth Amendment right to counsel precludes such an examination without first notif ing counsel that "the psychiatric examination [will] encompass the issue of their client's future dangerousness." ”