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 proximity of another, (3) denying a motion of acquittal because of insufficient evidence to support the verdict, and (4) excluding evidence of victim’s angry outburst at the defendant. We affirm.

¶ 2. The…