The People of the State of Colorado, Petitioner v. Mark Joseph Gabriesheski, Respondent — Martinez, J., Dissenting

Summary

Justice Martinez dissented from the majority’s conclusions that a dismissal for failure to prosecute is appealable as a final judgment, that a guardian ad litem does not have an attorney-client relationship with a child, and that further proceedings were necessary concerning social-worker testimony. She would recognize attorney-client privilege between a child and the guardian ad litem, hold that the prosecution could not create appellate jurisdiction by requesting dismissal for failure to prosecute, and affirm exclusion of the social worker’s testimony. Chief Justice Bender joined the dissent.