Colorado v. Rediger

David Rediger drove to the Rocky Mountain Youth Academy (the “Academy”) to speak with Stacey Holland, the Academy’s owner and director. Holland and her husband had accused Rediger of stealing hay from their property, and Rediger intended to speak with Holland about the theft charges against him. Holland characterized Rediger’s behavior as “very aggressive” and said that she “was very scared” and “felt really threatened” by Rediger’s conduct. Rediger conceded that he did not initially leave when asked to do so, but he said that he never stepped inside the school building and that he “was trying not to make a scene at the school.” Based on this incident, the State charged Rediger with intimidating a witness or victim, interference with a public employee in a public building, and interference with staff, faculty, or students of an educational institution. The Colorado Supreme Court granted the State’s petition and Rediger’s cross-petition for certiorari review of the court of appeals division’s decision affirming in part and reversing in part Rediger’s convictions for: (1) interference with a public employee in a public building and (2) interference with the staff, faculty, or students of an educational institution. With regard to the first conviction, the issue presented to the Supreme Court was whether the owner-director of a nonprofit school regulated by various governmental entities was a “public employee” within the meaning of section 18-9-110(1)., C.R.S. (2017). Based on the plain meaning of the phrase “public employee,” the Supreme Court agreed. With regard to the second conviction, the issue reduced to invited error and waiver. A majority of the appeals court concluded that Rediger had waived his right to challenge the constructive amendment of his criminal information when his defense counsel stated that he was “satisfied” with the proposed jury instructions. In the Supreme Court’s view, mere acquiescence to a jury instruction does not constitute a waiver without some record evidence that the defendant intentionally relinquished a known right. Likewise, the Court disagreed with the State’s contention that Rediger’s alleged acquiescence to the erroneous instructions tendered by the State constitutes invited error. Reviewing for plain error, the Supreme Court concluded the discrepancy between the charging document and the jury instructions in this case effected a constructive amendment of the charging document, and on the record presented, this error was plain and required reversal. View "Colorado v. Rediger" on Justia Law