State v. Clark

JUSTICE NELSON,

specially concurring.

¶19 I believe that the Court’s Opinion correctly and fully resolves the specific issue presented by Clark-namely, whether the District Court erred in its determination that his appeal from the Municipal Court was untimely. However, the obvious question left unanswered by our Opinion-because Clark failed to raise it-is whether it was appropriate for the District Court to dismiss Clark’s untimely appeal sua sponte. In view of recent decisions of this Court and the United States Supreme Court, I write separately to explain why, in my view, the ground provided…