Oliver v. Ark. Dep't of Human Servs.

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NOT DESIGNATED FOR PUBLICATION ARKANSAS COURT OF APPEALS DIVISION IV No. CA08-1150 Opinion Delivered March 11, 2009 SHANITHA OLIVER APPELLANT APPEAL FROM THE PULASKI COUNTY CIRCUIT COURT, EIGHTH DIVISION [NO. JJN-2007-957] V. HONORABLE WILEY A. BRANTON, JUDGE ARKANSAS DEPARTMENT OF HUMAN SERVICES APPELLEE AFFIRMED; MOTION TO WITHDRAW GRANTED JOHN MAUZY PITTMAN, Judge On July 15, 2008, the Pulaski County Circuit Court entered an order terminating Shanitha Oliver’s parental rights to her son, P.W.-1, and two daughters, P.W.-2 and P.W.-3. Her attorney has filed a motion to withdraw as counsel pursuant to Linker-Flores v. Arkansas Department of Human Services, 359 Ark. 131, 194 S.W.3d 739 (2004), asserting that there are no issues of arguable merit to support the appeal. Counsel’s motion is accompanied by an abstract and brief listing all adverse rulings made at the termination hearing and explaining why there is no meritorious ground for reversal to each ruling, including a discussion of the sufficiency of the evidence to support the termination order. See Ark. Sup. Ct. R. 6-9(i)(1), In re Rules of the Supreme Court and Court of Appeals, Rules 6-9 and 6-10, 374 Ark. App’x ___, ___ S.W.3d ___ (Sept. 25, 2008). The clerk of this court sent copies of counsel’s brief and motion to appellant, informing her that she had the right to file pro se points for reversal. See Ark. Sup. Ct. R. 6-9(i)(3). Appellant filed a pro se response to counsel’s brief in which she does not specifically raise any points for reversal. Rather, she asks that this court “make a good decision and send my kids back to me.” Appellee Arkansas Department of Human Services filed a brief in which it concurs with appellant’s counsel that there is no merit to the appeal. After carefully examining the record and the briefs presented to us, we find that counsel has complied with the requirements established by the Arkansas Supreme Court for no-merit termination cases and that the appeal is wholly without merit. Accordingly, we grant counsel’s motion to withdraw and affirm the order terminating appellant’s parental rights. Affirmed; motion to withdraw granted. G RUBER and B AKER, JJ., agree. -2- CA08-1150

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