Walker v Ark. Dep't of Human Servs.

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Cite as 2012 Ark. App. 498 ARKANSAS COURT OF APPEALS DIVISION I No. CA12-293 OPINION DELIVERED SEPTEMBER 19, 2012 CHELSEA WALKER and JOHN SIMPSON APPELLANTS V. ARKANSAS DEPARTMENT OF HUMAN SERVICES and C.W., Minor Child APPELLEES APPEAL FROM THE PULASKI COUNTY CIRCUIT COURT, TENTH DIVISION [NO. JV-2011-365] HONORABLE JOYCE WILLIAMS WARREN, JUDGE AFFIRMED; MOTIONS TO WITHDRAW GRANTED ROBERT J. GLADWIN, Judge The Pulaski County Circuit Court terminated appellants Chelsea Walker s and John Simpson s parental rights in their minor daughter, C.W., on April 9, 2012. Appellants are represented by separate counsel, each of whom has filed a motion to withdraw as counsel and a no-merit brief pursuant to Linker-Flores v. Ark. Dep t of Human Servs., 359 Ark. 131, 194 S.W.3d 739 (2004), and Arkansas Supreme Court Rule 6-9(i) (2012), stating that there are no issues of arguable merit for appeal. We agree. The clerk of this court sent copies of counsel s motions and briefs to the respective appellants at the addresses counsel provided in the certificates of service in the motions to be relieved, informing them that they had the right to file pro se points for reversal. Appellant Simpson signed a receipt for his packet of documents but filed no pro se points. The packet Cite as 2012 Ark. App. 498 that was sent to appellant Walker was returned to the clerk on June 20, 2012, marked unclaimed following two notices, and she has not filed any pro se points. Neither the Arkansas Department of Human Services (DHS) nor the ad litem attorney has chosen to file a brief. After carefully examining the record and the briefs presented to us, we conclude that counsels have complied with the requirements established by the Arkansas Supreme Court for no-merit appeals in termination cases and that the appeals are wholly without merit. Accordingly, we affirm by memorandum opinion the order terminating appellants parental rights in C.W. See In re Memorandum Opinions, 16 Ark. App. 301, 700 S.W.2d 63 (1985); Ark. Sup. Ct. R. 5-2(e) (2012). Counsels motions to withdraw are granted. Affirmed; motions to withdraw granted. PITTMAN and ROBBINS, JJ., agree. Deborah R. Sallings, Arkansas Public Defender Commission, for appellant John Simpson. Janet Lawrence, for appellant Chelsea Walker. 2

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