Can an appeal judge affirmatively demonstrate error on the record before the court?

California, United States of America

The following excerpt is from Flannigan v. U.S. Bank Nat'Lass'N, D071490 (Cal. App. 2017):

able to affirmatively demonstrate error on the record before the court. " 'A judgment or order of the lower court is presumed correct. All intendments and presumptions are indulged to support it on matters as to which the record is silent, and error must be affirmatively shown. This is not only a general principle of appellate practice but an ingredient of the constitutional doctrine of reversible error.' [Citations.]" (Denham v. Superior Court (1970) 2 Cal.3d 557, 564.)

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