In Re the Care & Treatment of Emerson

Gardner, J.:

On October 24, 2000, a jury determined Cecil Emerson was a sexually violent predator. His appointed counsel filed a timely notice of appeal but failed to file a brief, thus Emerson’s appeal was dismissed. Nearly 12 years later, the district court granted Emerson’s motion to file a direct appeal out of time. This case asks whether we have the power to hear Emerson s untimely appeal and, if so, whether the jury’s verdict finding him to be a sexually violent predator should be upheld. We answer both questions in the affirmative.

Procedural background

Emersons trial

In August of 1999,…