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

2013 Ark. App. 644

• Court: Court of Appeals of Arkansas
• Decided: November 6, 2013
• Docket: CV-13-54
• Status: Published

Opinion

Cite as 2013 Ark. App. 644

ARKANSAS COURT OF APPEALS DIVISION I No.CV-13-54

KENNETH BRIAN MARTIN Opinion Delivered November 6, 2013

APPELLANT APPEAL FROM THE BOONE COUNTY CIRCUIT COURT V. [NO. JV-10-100]

HONORABLE GARY ISBELL, JUDGE ARKANSAS DEPARTMENT OF HUMAN SERVICES AND MINOR CHILD

APPELLEES AFFIRMED; MOTION GRANTED

PHILLIP T. WHITEAKER, Judge

Kenneth Brian Martin appeals from an October 17, 2012 Boone County Circuit

Court order terminating his parental rights to his daughter, N.M, born November 24, 2008.1

His attorney has filed a no-merit brief and a motion to withdraw as counsel, contending that

there are no meritorious issues that could arguably support an appeal. We agree.

In compliance 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 and Court of Appeals, Martin’s counsel ordered the entire record and examined it for

adverse rulings. Counsel listed the only adverse ruling in this case—the trial court’s decision

1 The trial court also terminated the parental rights of N.M.’s mother, Leah Dossey Martin. She did not appear at the termination hearing and has not appealed the termination of her parental rights. Cite as 2013 Ark. App. 644

to terminate Martin’s parental rights—and has adequately discussed why there is no arguable

merit to an appeal. Martin was provided a copy of his counsel’s brief and motion, and he

was informed of his right to file pro se points. He did not do so. Neither the Arkansas

Department of Human Services nor the attorney ad litem filed a responsive brief.

After carefully examining the record and the no-merit brief, we hold that Martin’s

counsel has complied with the requirements for no-merit parental-termination appeals and

that the appeal is wholly without merit. Accordingly, by memorandum opinion we affirm

the termination of Martin’s parental rights to N.M. 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 counsel’s motion

to withdraw from representation of Martin.

Affirmed; motion granted.

HARRISON and GRUBER , JJ., agree.

Leah Lanford, Arkansas Public Defender Commission, for appellant.

No response.