Butler v. Ark. Dep't of Human Servs. ( 2017 )


Menu:
  •                                 Cite as 
    2017 Ark. App. 202
    ARKANSAS COURT OF APPEALS
    DIVISION III
    No.CV-16-1063
    Opinion Delivered: April   5, 2017
    CRYSTAL BUTLER
    APPELLANT APPEAL FROM THE UNION
    COUNTY CIRCUIT COURT
    V.                                       [NO. 70JV-13-271]
    ARKANSAS DEPARTMENT OF
    HUMAN SERVICES AND MINOR       HONORABLE EDWIN KEATON,
    CHILDREN                       JUDGE
    APPELLEES
    AFFIRMED; MOTION TO
    WITHDRAW GRANTED
    BART F. VIRDEN, Judge
    This is an appeal arising from the order of the Union County Circuit Court
    terminating appellant Crystal Butler’s parental rights to E.M.1, E.M.2, K.B., J.M., and
    K.A.B. Butler’s attorney has filed a no-merit brief and a motion to withdraw as counsel. On
    appeal, counsel contends that there are no meritorious grounds that could possibly support
    an appeal.
    In compliance with Linker–Flores v. Arkansas Department of Human Services, 
    359 Ark. 131
    , 
    194 S.W.3d 739
    (2004), and Rule 6-9(i) (2016) of the Rules of the Arkansas Supreme
    Court and Court of Appeals, Butler’s counsel has examined the entire supplemented record
    for adverse rulings and has noted that, apart from the termination, there were no rulings
    adverse to Butler. Counsel has adequately discussed why there is no arguable merit to an
    appeal. Butler was provided a copy of her counsel’s brief and motion, and she exercised her
    Cite as 
    2017 Ark. App. 202
    right to file pro se points on appeal. Neither the Arkansas Department of Human Services
    nor the attorney ad litem filed a responsive brief.
    Having carefully examined the pro se points filed by Butler, the record, and the no-
    merit brief, we hold that Butler’s counsel has complied with the requirements for no-merit,
    parental-termination appeals and that the appeal is wholly without merit. Accordingly, by
    memorandum opinion, we affirm the termination of Butler’s parental rights to E.M.1,
    E.M.2, K.B., J.M., and K.A.B. In re Memorandum Opinions, 
    16 Ark. App. 301
    , 
    700 S.W.2d 63
    (1985); Ark. Sup. Ct. R. 5-2(e). We also grant counsel’s motion to withdraw from
    representation of Butler.
    Affirmed; motion to withdraw granted.
    GRUBER, C.J., and WHITEAKER, J., agree.
    Leah Lanford, Arkansas Public Defender Commission, for appellant.
    No response.
    2
    

Document Info

Docket Number: CV-16-1063

Judges: Bart F. Virden

Filed Date: 4/5/2017

Precedential Status: Precedential

Modified Date: 4/5/2017