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Peoples v. Arkansas Department of Human Services

Court of Appeals of Arkansas, Division III

June 18, 2014

CHRISTOPHER PEOPLES APPELLANT
v.
ARKANSAS DEPARTMENT OF HUMAN SERVICES and MINOR CHILDREN APPELLEES

APPEAL FROM THE MILLER COUNTY CIRCUIT COURT [NO. JV-2012-149] HONORABLE KIRK JOHNSON, JUDGE

Didi H. Sallings, Arkansas Public Defender Commission, for appellant.

No response.

OPINION

RHONDA K. WOOD, Judge

Christopher Peoples's counsel filed a no-merit appeal from the order terminating his parental rights as to K.P.1 and K.P.2.[1] The mother has not appealed. The father's attorney filed a motion to withdraw as counsel and 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 Rule 6-9(i) (2013), asserting that there are no issues of arguable merit to support the appeal. The brief includes a discussion of the sufficiency of the evidence to support the termination order, all matters in the record that might arguably support an appeal, all adverse rulings, and a statement as to why counsel considers each point raised as incapable of supporting a meritorious appeal. The clerk of this court sent a copy of the brief and motion to the father at his last known address, advising him that he had the right to file pro se points for reversal. The packet was returned as undeliverable.

After careful review of the record in accordance with Rule 6-9(i) of the Rules of the Arkansas Supreme Court and Court of Appeals, we hold that this appeal lacks merit. Counsel complied with our requirements for no-merit termination cases, and we affirm by memorandum opinion. In Re Memorandum Opinions, 16 Ark.App. 301, 700 S.W.2d 63 (1985); Ark. Sup.Ct. R. 5-2(e).

Affirmed; motion to withdraw as counsel granted.

Pittman and Hixson, JJ., agree.


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