Tennessee USLegal Pamphlet on Modus Operandi

State:
Multi-State
Control #:
US-PMPH-24
Format:
Word; 
Rich Text
Instant download

Description

This pamphlet provides on overview of the law on modus operandi evidence. Topics covered include an explanation of what modus operandi means and how evidence of modus operandi may be introduced as evidence in a trial.

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FAQ

?Under the law of the case doctrine, 'once a court decides an issue, the same issue may not be relitigated in subsequent proceedings in the same case.

After all the evidence is presented, the lawyers give their closing arguments. Finally, the jury decides if the defendant is guilty or not guilty. The jury must find the defendant guilty beyond a reasonable doubt.

The law of the case doctrine generally prohibits a court from considering an issue that has already been decided by that same court or a higher court in the same case. Hall v. City of Los Angeles, 697 F. 3d 1059, 1067 (9th Cir.

The doctrine of unclean hands is limited to ?misconduct connected with the particular matter in litigation; and does not extend to any misconduct, however gross, which is unconnected therewith, and with which [the opposing party] is not concerned.? Chappell v. Dawson, 308 S.W. 2d 420, 421 (Tenn.

The ?law of the case doctrine? provides that an appellate court's determination of a legal issue binds both the trial court and the court on appeal in any subsequent retrial or appeal involving the same case and substantially the same facts.

In other words, under the law of the case doctrine, an appellate court's decision on an issue of law is binding in later trials and appeals of the same case if the facts on the second trial or appeal are substantially the same as the facts in the first trial or appeal.

Entrapment. It is a defense to prosecution that law enforcement officials, acting either directly or through an agent, induced or persuaded an otherwise unwilling person to commit an unlawful act when the person was not predisposed to do so.

The "law of the case" doctrine precludes reconsideration of a previously decided issue unless one of three "exceptional circumstances" exists: (1) when substantially different evidence is raised at a subsequent trial, (2) when a subsequent contrary view of the law is decided by the controlling authority, or (3) when a ...

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Tennessee USLegal Pamphlet on Modus Operandi