Menzies v. Arkansas Department of Human Services

168 S.W.3d 1, 357 Ark. 382, 2004 Ark. LEXIS 302
CourtSupreme Court of Arkansas
DecidedMay 13, 2004
DocketCA 03-1237
StatusPublished

This text of 168 S.W.3d 1 (Menzies v. Arkansas Department of Human Services) is published on Counsel Stack Legal Research, covering Supreme Court of Arkansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Menzies v. Arkansas Department of Human Services, 168 S.W.3d 1, 357 Ark. 382, 2004 Ark. LEXIS 302 (Ark. 2004).

Opinions

Per Curiam.

Willie Clay Menzies filed a pro se motion in iam. for appointment of counsel to prosecute his appeal from a decision ofjefferson County Circuit Court terminating his parental rights. Mr. Menzies asserts that he is unable to afford counsel, that his access to legal material is limited, and that he lacks the necessary knowledge to proceed.

We remand this matter to the Jefferson County Circuit Court for a determination ofMr. Menzies’s constitutional rights to counsel on appeal, including such rights as discussed in Bearden v. D.H.S., 344 Ark. 317, 42 S.W.3d 397 (2001); Lassiter v. D.H.S., 452 U.S. 18 (1981), as well as any rights he may have under statute. Should the circuit court agree with Mr. Menzies, counsel should be appointed by the circuit court.

It is so ordered.

Glaze and Imber, JJ., dissent.

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Related

Bearden v. Arkansas Department of Human Services
42 S.W.3d 397 (Supreme Court of Arkansas, 2001)

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Bluebook (online)
168 S.W.3d 1, 357 Ark. 382, 2004 Ark. LEXIS 302, Counsel Stack Legal Research, https://law.counselstack.com/opinion/menzies-v-arkansas-department-of-human-services-ark-2004.