Crutchfield v. Ark. Dep't of Human Servs. (Majority)

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Cite as 2012 Ark. App. 360 ARKANSAS COURT OF APPEALS DIVISION III No. CA11-1014 MICHAEL CRUTCHFIELD Opinion Delivered APPELLANT V. ARKANSAS DEPARTMENT OF HUMAN SERVICES AND D.S. AND M.S., MINORS APPELLEES May 23, 2012 APPEAL FROM THE SEBASTIAN COUNTY CIRCUIT COURT, FORT SMITH DISTRICT [NO. JV-2006-678] HONORABLE JIM D. SPEARS, JUDGE AFFIRMED; MOTION TO WITHDRAW GRANTED RAYMOND R. ABRAMSON, Judge This appeal arises from an order of the Sebastian County Circuit Court terminating appellant Michael Crutchfield s parental rights to his daughters, D.S. (born 9/21/2001) and M.S. (born 1/10/2005).1 His attorney has filed a no-merit brief and a motion to be relieved as counsel in accordance with Ark. Sup. Ct. R. 6-9(i)(1) (2012) and Linker-Flores v. Ark. Dep t of Human Servs., 359 Ark. 131, 194 S.W.3d 739 (2004), stating that there is no issue of arguable merit for reversal. The motion is accompanied by an abstract and addendum of the proceedings below and a brief explaining why none of the trial court s rulings present a meritorious ground for appeal. The clerk of this court sent by certified mail copies of the 1 The parental rights of Katrina Sharp to D.S., M.S., and another child were also terminated by voluntary consent. The parental rights of DeWayne Whitney to the third child were also terminated by this order. Neither Sharp nor Whitney are parties to this appeal. Cite as 2012 Ark. App. 360 motion and the abstract, brief, and addendum to appellant s last known address, informing him that he had the right to file pro se points for reversal under Ark. Sup. Ct. R. 6-9(i)(3). He has not done so. After examining the record and counsel s brief, we hold that counsel has complied with the requirements for no-merit termination appeals and that the appeal is wholly without merit. Counsel listed all the adverse rulings in this case, including the trial court s decision to terminate appellant s parental rights, and has adequately discussed why there is no arguable merit to an appeal. We therefore affirm the trial court s order terminating Mr. Crutchfield s parental rights and grant counsel s motion to withdraw. Affirmed; motion to withdraw granted. GLOVER and HOOFMAN , JJ., agree. 2

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