Cook v. Ark. Dep't of Human Servs. (Majority)
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Cite as 2013 Ark. App. 200 ARKANSAS COURT OF APPEALS DIVISION IV CA12-949 No. ERMA COOK Opinion Delivered March 27, 2013 APPELLANT APPEAL FROM THE BENTON COUNTY CIRCUIT COURT, [NO. J2011-77-D/N] V. ARKANSAS DEPARTMENT OF HUMAN SERVICES and MINOR CHILDREN APPELLEES HONORABLE MARK THOMPSON FRYAUF, JUDGE AFFIRMED; MOTION TO WITHDRAW GRANTED BRANDON J. HARRISON, Judge This no-merit appeal stems from the Benton County Circuit Court s order that terminated Erma Cook s parental rights. Her appellate counsel has filed a motion to withdraw and a brief in accordance with Linker-Flores v. Arkansas Department of Human Services, 359 Ark. 131, 194 S.W.3d 739 (2004), and Rule 6-9(i) (2012) of the Rules of the Arkansas Supreme Court, alleging that no meritorious issues exist to support this. Cook was provided a copy of her counsel s brief and submitted a list of pro se points for reversal under Arkansas Supreme Court Rule 6-9(i)(3). The Arkansas Department of Human Services has chosen not to respond to her points. In the no-merit brief counsel explained why there is no meritorious ground for reversal and discussed the sufficiency of the evidence to support the termination order based on all the Cite as 2013 Ark. App. 200 evidence presented at all the prior proceedings that were incorporated in the record of the termination proceeding, as required by Lewis v. Arkansas Department of Human Services, 364 Ark. 243, 217 S.W.3d 788 (2005). Cook also submitted eighteen pro se points but none of them provide a meritorious basis for reversal. After carefully examining the record, the brief, and Cook s pro se points, we hold that Cook s attorney 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, by memorandum opinion, we affirm the termination of Cook s parental rights. In re Memorandum Opinions, 16 Ark. App. 301, 700 S.W.2d 63 (1985); Ark. Sup. Ct. R. 5-2(e) (2012). We also grant Cook s attorney s motion to withdraw as counsel. Affirmed; motion to withdraw granted. VAUGHT and WOOD, JJ., agree. Deborah R. Sallings, Arkansas Public Defender Commission, for appellant. No response. 2
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