My defendant submitted to a PSI in a different
case, in a different county. In the PSI, he
makes incriminating comments about our case, which
was at the time pending.

The defendant was out on bond when he interviewed
with the prob. officer. The prob. officer told
me that if he would have refused to answer the
questions about our case she would have noted on
the PSI that the def. refused to answer, and
doubts there would have been any repercussions
from the judge.

Defense atty claims that the statements are not
voluntary since he was ordered to submit to PSI.
Is his statements about our case admissible in
guilt/innocence? Is the entire PSI admissible
in punishment?

I think it would make a difference if the defendant was represented by counsel in your case at the time of the PSI interview. If so, the probation officer may have "interrogated" the defendant after defendant invoked right to counsel. You might be prepared for a motion to suppress the PSI on that basis. Of course, you could argue that there was not interrogation since the questions asked were not likely asked in an attempt to have the def. incriminate himself. You should be in good shape to use the statements / PSI if the defendant testifies (for impeachment), or as a statement against interest, assuming you get past the suppression issue.

LL

On the statement issue you might look at In re J.S.S., 20 S.W.3d 837 (Tex.App.-El Paso 2000, pet. denied).