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

2015 Ark. App. 472

• Court: Court of Appeals of Arkansas
• Decided: September 16, 2015
• Docket: CV-15-342
• Status: Published

Opinion

Cite as 2015 Ark. App. 472

ARKANSAS COURT OF APPEALS DIVISION II No. CV-15-342

LYNN TALLEY OPINION DELIVERED SEPTEMBER 16, 2015 APPELLANT APPEAL FROM THE POPE COUNTY CIRCUIT COURT V. [NO. JV-2013-227]

HONORABLE KEN D. COKER, JR., ARKANSAS DEPARTMENT OF JUDGE HUMAN SERVICES and MINOR CHILDREN AFFIRMED; MOTION TO APPELLEE WITHDRAW GRANTED

ROBERT J. GLADWIN, Chief Judge

This appeal is from the January 16, 2015 Pope County Circuit Court order terminating

appellant Lynn Talley’s parental rights to her daughters, P.W. and A.W. Appellant’s counsel

has filed a no-merit brief pursuant to Linker-Flores v. Arkansas Department of Human Services,

359 Ark. 131, 194 S.W.3d 739 (2004), and Arkansas Supreme Court and Court of Appeals

Rule 6-9(i) (2014), addressing all rulings decided adversely to appellant—including the

decision to terminate—and asserting that there are no issues that would support a meritorious

appeal. Counsel has also filed a motion asking to be relieved as counsel.

On May 27, 2015, the clerk of this court sent a copy of counsel’s motion and brief to

Ms. Talley informing her that she had the right to file pro se points for reversal. See Ark. Sup.

Ct. R. 6-9(i)(3). The packet was sent by certified mail to Ms. Talley’s last known address,

which was listed in the certificate of service on the motion to withdraw. On June 8, 2015, Cite as 2015 Ark. App. 472

the certified packet was returned to the clerk’s office marked “unclaimed.” Appellant’s counsel

has no additional contact information. Ms. Talley did not file pro se points for reversal, and

neither the Department of Human Services nor the attorney ad litem have filed briefs in this

appeal.

Having carefully examined the record and the no-merit brief, we conclude that counsel

has complied with the requirements established by the Arkansas Supreme Court for no-merit

appeals in termination cases and that the appeal is wholly without merit. Accordingly, we

affirm by memorandum opinion the termination of Ms. Talley’s parental rights. See In re

Memorandum Opinions, 16 Ark. App. 301, 700 S.W.2d 63 (1985); Ark. Sup. Ct. R. 5-2(e)

(2014). Counsel’s motion to withdraw is granted.

Affirmed; motion to withdraw granted.

WHITEAKER and HOOFMAN, JJ., agree.

Suzanne Ritter Lumpkin, Arkansas Public Defender Commission, for appellant.

No response.