Supreme Court of Arkansas, 1997

Supplemental Opinion on Granting of Rehearing

Supplemental Opinion on Granting of Rehearing
Supreme Court of Arkansas · Decided June 9, 1997 · Brown
328 Ark. 393; 945 S.W.2d 383

Supplemental Opinion on Granting of Rehearing

Opinion of the Court

Robert L. Brown, Justice.

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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