Whether the separation of powers doctrine precludes a county coroner from delegating or allowing testimony about the cause and manner of an unattended death to parties outside the coroner's office

No question identified. : Pursuant to Supreme Court Rule 29.2, Petitioner Robert Feldman to proceed Pro se Is submitted by and inmate confined in an institution, a document is timely filed if it is deposited in the institution’s internal mail system on or before the last day for filing and is accompanied by a notarized statement or declaration in compliance with 28 U.S.C. § 1746 To the Honorable Chief Justice Roberts as Circuit Justice for the United States court of Appeals for the tenth Circuit: Pursuant to this Court’s Rules 13.5 , 21 22, 30.1 30.2, and 30.3, Robert Feldman respectfully requests that the time to file its petition for Writ of Certiorari in the Matter be extended for 60 days up to and including January 4, 2026 The Colorado Court of appeals issued its opinion November 7, 2024 Judgment affirmed The Supreme Court of Colorado issued its opinion on August 4, 2025 Denied EN BANC. Absent and extension of time, the petition for writ of certiorari would be due on November 4, 2025. The Petitioner is filing this Application more than ten days before that date. See S. Ct. R. 13.5. This court would have jurisdiction over the judgment under 28 U.S.C. 1254. Back ground We review questions of law concerning the separation of powers doctrine de novo. Hickerson v. Vessels, 2014 CO 2, J 10, 316 P.3d 620, 623. That doctrine provides that Colorado's executive, legislative, and judicial branches of government "shall cooperate with and complement, and at the same time act as checks and balances against one another, but shall not interfere with or encroach on the authority or within the province of the other.” Lobato v. State, 218 P.3d 358, 372 (Colo. 2009) (quoting Smith v. Miller, 153 Colo. 35, 384 P.2d 738, 741 (Colo. 1963)); see Colo. Const. art. III. The Colorado Constitution creates the elected office of county coroner. Colo. Const. art. XIV, § 8. "The coroner, in cooperation with law enforcement, shall make all proper inquiry in order to determine the cause and manner of death of any person in his or her jurisdiction who has died" and issue a death certificate under certain circumstances including "when no physician is in attendance." § 30-10-606(1) b), (4)(a). In some cases, "the coroner or his or her designee shall .. . have a forensic autopsy performed" by a board-certified forensic pathologist, a physician who has completed a forensic pathology fellowship and is practicing forensic pathology in Colorado, or a pathology resident or forensic pathology fellow under a boardcertified forensic pathologist's supervision. §§ 30-10-606(2), -606.5(2)(a)-(d). Feldman asserts that these provisions give the coroner or the forensic pathologist whom the coroner orders to perform the autopsy sole discretion to determine the cause and manner of an unattended death and, consequently, preclude the prosecution from presenting testimony regarding the cause and manner of an unattended death from anyone other than those two individuals. In this regard, he raises two arguments 1. Subdelegation Argument Feldman first argues that, if the coroner is part of the executive branch, the prosecution violated the subdelegation doctrine by introducing Dr. Smock's testimony because that doctrine prevents an agency within one governmental branch from delegating its authority to a "co-equal agency" within the same branch. Because the district attorney's office and the coroner's office are coequal agencies within the executive branch, his argument continues, "the county coroner could not delegate — and the county prosecutor could not usurp — the power to determine cause and manner of death. 2. Separation of Powers Argument Feldman alternatively argues that, if the coroner is part of the legislative branch, the prosecution, as part of the executive branch, violated the separation of powers doctrine by introducing Dr. Smock's testimony. Reasons for granting an extension of time Reasons for granting an extension of time the time to file a petition for a writ of