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

CourtListener 4380874ArkctappApr 5, 2017

Full text

Cite as 2017 Ark. App. 202

ARKANSAS COURT OF APPEALS
DIVISION III
No.CV-16-1063
Opinion Delivered: April 5, 2017
CRYSTAL BUTLER
APPELLANT APPEAL FROM THE UNION
COUNTY CIRCUIT COURT
V. [NO. 70JV-13-271]

ARKANSAS DEPARTMENT OF
HUMAN SERVICES AND MINOR HONORABLE EDWIN KEATON,
CHILDREN JUDGE
APPELLEES
AFFIRMED; MOTION TO
WITHDRAW GRANTED

BART F. VIRDEN, Judge

This is an appeal arising from the order of the Union County Circuit Court

terminating appellant Crystal Butler’s parental rights to E.M.1, E.M.2, K.B., J.M., and

K.A.B. Butler’s attorney has filed a no-merit brief and a motion to withdraw as counsel. On

appeal, counsel contends that there are no meritorious grounds that could possibly support

an appeal.

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) (2016) of the Rules of the Arkansas Supreme

Court and Court of Appeals, Butler’s counsel has examined the entire supplemented record

for adverse rulings and has noted that, apart from the termination, there were no rulings

adverse to Butler. Counsel has adequately discussed why there is no arguable merit to an

appeal. Butler was provided a copy of her counsel’s brief and motion, and she exercised her
Cite as 2017 Ark. App. 202

right to file pro se points on appeal. Neither the Arkansas Department of Human Services

nor the attorney ad litem filed a responsive brief.

Having carefully examined the pro se points filed by Butler, the record, and the no-

merit brief, we hold that Butler’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 Butler’s parental rights to E.M.1,

E.M.2, K.B., J.M., and K.A.B. In re Memorandum Opinions, 16 Ark. App. 301, 700 S.W.2d

63 (1985); Ark. Sup. Ct. R. 5-2(e). We also grant counsel’s motion to withdraw from

representation of Butler.

Affirmed; motion to withdraw granted.

GRUBER, C.J., and WHITEAKER, J., agree.

Leah Lanford, Arkansas Public Defender Commission, for appellant.

No response.

2

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