Talley v. Ark. Dep't of Human Servs. , 2015 Ark. App. 472 ( 2015 )

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.
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