Supreme Court of Vermont June 9, 2004, No. 03-243 (State v. Malshuk)

¶ 1. Defendant appeals from his conviction for violating an abuse prevention order by following his ex-girlfriend. Defendant asserts that the Orleans District Court erred by (1) violating “the law of the ease” by changing its definition of “following” from the first trial which resulted in a hung jury, (2) instructing the jury that “following” included consciously placing oneself in physical