In 2021, the California Supreme Court issued a surprising opinion. The Court held that an untimely appeal is not an absolute bar to appellate jurisdiction, at least in juvenile dependency cases. (*[In re A.R.](2021) 11 Cal.5th 234.)
The reason this was surprising is because, until then, a uniformity of California cases had held that an untimely appeal *was* an “absolute bar” to appellate jurisdiction.
But *A.R.* had noted there was a statutory right to “competent counsel” and a habeas right in dependency proceedings, so the Court would let slide the four-day untimeliness.
The recent case of *In re B.P.* (D5 Jan. 26, 2022 no. F082863) 2022 WL 224811 (nonpub. opn.), took *A.R.* quite a bit further. That case involved a four *month* untimeliness. Also: no habeas petition. The court still allowed the untimely appeal.
As I said before discussing *A.R.*, courts will continue citing the "jurisdictional" prohibition against considering untimely appeals. But, we may continue to wonder whether they are in earnest.