SUPREME COURT OF ARKANSAS
CHRISTOPHER NEWTON WHITE,
STATE OF ARKANSAS,
Opinion Delivered December 14, 2006
SUPPLEMENTAL OPINION DENYING
PETITION FOR REHEARING AND
GRANTING MOTION TO STAY.
JIM GUNTER, Associate Justice
Appellant, Christopher Newton White, was convicted on two counts of rape, a class
Y felony and a violation of Ark. Code Ann. § 5-14-103 (Supp. 2005), of his two biological
daughters. We affirmed the convictions in White v. State, ___ Ark. ___, ___ S.W.3d ___
(Nov. 2, 2006). On November 15, 2006, appellant filed a petition for rehearing, alleging that
this court failed to address his argument that the rape-shield statute as applied to these
particular facts is unconstitutional because it prevented him from presenting a defense.
Appellant also filed a motion for stay of the mandate in order to petition for a writ of
certiorari in the United States Supreme Court on November 15, 2006. On November 17,
2006, the State filed a response to appellant’s petition for rehearing.
We deny appellant’s petition for the following reasons. First, appellant fails to call
to our attention any “specific errors of law or fact that the opinion is thought to contain.”
Ark. Sup. Ct. R. 2-3(g) (2006). Second, appellant failed to develop his constitutional
argument in his appeal. In his briefs, he argued that the circuit court’s ruling to exclude
404(b) evidence violated his constitutional right to present a defense. For this proposition,
appellant cited in particular the United States Supreme Court cases of Chambers v.
Mississippi, 410 U.S. 284 (1973), Davis v. Alaska, 415 U.S. 308 (1974), and Crane v.
Kentucky, 476 U.S. 683 (1986). However, appellant failed to provide any analysis of his
constitutional argument other than these case citations and a basic explanation of the United
States Supreme Court’s holdings. Moreover, appellant stated in his brief that his
constitutional argument was discussed more fully in point two, which involved the
admissibility of “preju