Supplemental Opinion on Granting of Rehearing
This text of 945 S.W.2d 383 (Supplemental Opinion on Granting of Rehearing) is published on Counsel Stack Legal Research, covering Supreme Court of Arkansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
The State of Arkansas petitions this court for rehearing for the sole purpose of changing the disposition of the case from reversed and dismissed to reversed and remanded. We conclude that the State is correct in this regard and that the proper disposition of the case when evidence has been excluded on appeal due to trial error is a reversal and remand for the possibility of a new trial. See Nard v. State, 304 Ark. 159, 163-A, 801 S.W.2d 634, 637 (1991) (supplemental opinion). Accordingly, we reverse and remand this case.
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945 S.W.2d 383, 328 Ark. 393, Counsel Stack Legal Research, https://law.counselstack.com/opinion/supplemental-opinion-on-granting-of-rehearing-ark-1997.