Barnes, J.
Weedman argues the admission of evidence that he had asserted an insanity defense and then withdrew it violated his Fifth Amendment protection against self-incrimination and was used for other improper purposes. The deputy prosecutor mentioned during opening statements that Weedman had filed and withdrawn a notice of insanity defense. Specifically, the deputy prosecutor said:
The Defendant was arrested and he comes into this Court and he files a Notice of Insanity, files it with the Court and it’s in the Court’s records which means I did it, but I was insane when I did it, I wasn’t in my right mind. Well we have two psychiatrists review him and meet with him and they say no, you are not insane, you weren’t insane then. Then he files a Notice of Self-Defense which is I did it, but I was defending myself when I did it, we’re going to scrap that one about I was insane when I did it, now we’re going to go with I was defending myself in self-defense.
Dr. Jere Lieb and Dr. Ross are the two psychiatrists who evaluated him will tell you 1) that he’s not insane, they will tell you that the Defendant told them that he thought the victim came at him so he hit him once, hit him once. Those doctors will also tell you that the Defendant has anger control problems.
Tr. p. 113. Weedman did not object. During Weedman’s opening statement, his counsel said, “Now [the deputy prosecutor] makes a . . . big deal about filing an insanity defense and the withdrawing of that defense, that was not my client, that was not Mr. Weedman’s—”. Id. at 118. The State objected, and the trial court sustained that objection.
The State called Dr. Lieb to testify. Dr. Lieb testified that he met with Weedman to determine his competency and sanity and that he determined Weedman was both competent to assist his attorney and sane at the time of the offense. Dr. Lieb extensively discussed Weedman’s explanation of the incident. The State also called Dr. Ross to testify. Dr. Ross also testified that he met with Weedman, that he determined Weedman was sane at the time of the offense, and that he was able to assist with his defense. Dr. Ross testified that Weedman had previously been diagnosed as being easily angered, being impulsive, and exercising poor judgment. He also discussed Weedman’s medications, substance abuse issues, and earlier suicide attempt. During closing arguments, the deputy prosecutor argued: “Defendant claimed insanity then took that back. Then he claimed self-defense . . . .” Id. at 348.
Weedman did not object to the evidence of his insanity defense and its withdrawal, and the failure to make a contemporaneous objection to the admission of evidence at trial generally results in waiver of the error on appeal. . . . .
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The State asserts that “[a] request for a psychiatric examination waives the defendant’s privilege against self-incrimination.” Appellee’s Br. p. 27(citing Fleenor v. State, 622 N.E.2d 140, 148 (Ind. 1993), cert. denied, abrogated on other grounds by Dill v. State, 741 N.E.2d 1230 (Ind. 2001)). The State appears to be referring to this language from Fleenor: “The privilege against self-incrimination bars the State from subjecting the defendant to a psychiatric examination without a warning of rights. However, the bar is waived once the defendant introduces psychiatric evidence in support of an insanity defense.” Fleenor, 622 N.E.2d at 148. Weedman withdrew his insanity defense prior to trial. It therefore is not apparent that he could have introduced psychiatric evidence “in support of” such a defense, which was the step required for him to waive his privilege against self-incrimination.
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. . . [W]e conclude that the admission of evidence concerning Weedman’s withdrawn insanity defense was erroneous. [Footnote omitted.] The evidence was simply not relevant to the issues in the case. Given his withdrawal of his insanity defense, Weedman would not have been able to admit the evidence at issue; thus, the State’s basis for admitting the evidence is unclear. [Footnote omitted.] The State offers no legitimate basis for admitting the evidence. [Footnote omitted.] We conclude that the State was improperly attempting to prove Weedman’s guilt through the discussion of his withdrawn insanity defense and the doctors’ testimony.
Although we conclude that the admission of evidence regarding Weedman’s withdrawn insanity defense was erroneous, we cannot say that the admission resulted in fundamental error. . . . .
MAY, J., and CRONE, J., concur.