Supreme Court of Colorado
The People of the State of Colorado, Petitioner v. Mark Joseph Gabriesheski, Respondent
October 24, 2011262 P.3d 653
Summary
The court held that the prosecution could appeal the trial court's evidentiary rulings after the criminal charges were dismissed because the dismissal ended the criminal action and constituted a final judgment. It rejected the attorney-client privilege ruling for communications between the child and the guardian ad litem, and held that the social worker's testimony could not be excluded categorically without findings satisfying the applicable statutory requirements. Justice MARTINEZ, dissenting, would have denied appellate jurisdiction, recognized the guardian ad litem privilege, and upheld exclusion of the social worker's testimony.