Smith v. Everett

Supplemental Opinion on Denial of Rehearing delivered December 15, 1982

Tom Glaze, Judge.

We reversed and remanded this cause, relying on the recent Supreme Court decision of Leardis Smith v. Everett, 276 Ark. 430, 637 S. W.2d 537 (1982). In its petition for rehearing, appellee first contends that the Supreme Court erred in its holding in Smith because the Court incorrectly cited and relied on the case of Goldberg v. Kelly, 397 U.S. 254 (1970). Appellee also argues that our Court erred by considering an issue that was never raised below or on appeal. For obvious reasons, we consider only…