What is the burden of establishing that the trial court error was wrong on appeal?

California, United States of America


The following excerpt is from Story v. Story (In re Story), H044265 (Cal. App. 2018):

The appellant bears the burden of establishing trial court error. (Barrie v. California Coastal Com. (1987) 196 Cal.App.3d 8, 16.) "All issues of credibility are for the trier of fact, and all conflicts in the evidence must be resolved in support of the judgment. [Citation.] The trial court's judgment is presumed to be correct on appeal, and all intendments and presumptions are indulged in favor of its correctness. [Citation.]" (In re Marriage of Nichols (1994) 27 Cal.App.4th 661, 670.)

Other Questions


If defendant fails to establish all the errors of the trial court as a cumulative result of the cumulative error, can he continue to argue that the cumulative effect of the error was harmless beyond a reasonable doubt and mandates reversal? (California, United States of America)
Can a defendant bring an appeal to the Court of Appeal against a finding that the trial court wrongfully convicted him of assault? (California, United States of America)
What is the burden of proving reversible error in a motion to appeal against a finding of error at the Court of Appeal? (California, United States of America)
What is the effect of the Court of Appeal's decision to stay the trial court's writ of mandate and all proceedings below, pending an appeal? (California, United States of America)
Is Page 5 of the Superior Court of Appeal bound by error and error in denying a certificate of probable cause to appeal? (California, United States of America)
In a motion for a new trial, is the trial court bound by the same principles as the court of appeal? (California, United States of America)
When a defendant makes a mid-trial motion to revoke his self represented status and have standby counsel appointed for the remainder of the trial, does the trial court have a duty to manage the trial? (California, United States of America)
How has the Court of Appeal in Ontario dealt with appellant's claim that he was prejudiced by the error-strewn trial court? (California, United States of America)
Can an appellant seek review of an instruction in the Superior Court of Appeal where the original instruction was found to have made errors that could have been cured in the trial court? (California, United States of America)
Can a defendant bring a notice of appeal to the Court of Appeal claiming that he failed to raise his constitutional claims in the trial court? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.