In re L.E.M.
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The Supreme Court vacated the decision of the court of appeals dismissing Respondent's appeal from the trial court's order terminating Respondent's parental rights, holding that Rule 3.1 of the North Carolina Rules of Appellate Procedure mandates an independent review on appeal of the issues contained in a "no-merit" brief filed in appeal from an order terminating a respondent's parental rights.
After a hearing, the trial court entered an order terminating Respondent's parental rights on the basis of neglect and failure to make reasonable progress. On appeal, Respondent's attorney filed a no-merit brief pursuant to Rule 3.1(d). The court of appeals dismissed the appeal because "[n]o issues have been argued or preserved for review in accordance with our Rules of Appellate Procedure. The Supreme Court vacated the court of appeals' decision and affirmed the trial court's order terminating Respondent's parental rights, holding that the text of Rule 3.1(d) plainly contemplates appellate review of the issues contained in a no-merit brief, and therefore, the court of appeals erred in failing to conduct an independent review of the issues set out in the no-merit brief filed by Respondent's counsel.
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