The People of the State of Colorado, Petitioner v. Mark Joseph Gabriesheski, Respondent

Summary

The court held that the prosecution could appeal the trial court's evidentiary rulings because dismissal of all criminal charges constituted a final judgment, even though the dismissal was without prejudice after the prosecution concluded it could not proceed. It rejected the attorney-client privilege ruling as to the guardian ad litem because the guardian represented the child's best interests rather than serving as the child's attorney-client representative. It also rejected the social-worker ruling because the trial court had not determined whether the statutory conditions concerning treatment orders or a client communication were satisfied. Justice MARTINEZ, dissenting, would have dismissed the appeal for lack of jurisdiction and recognized privilege for communications between a child and guardian ad litem.