What is the test for independent review of a judgment or order?

Despite what defendant's appellate counsel may believe, we will not engage in any "independent review with regard to `custody' at the commencement of the questioning" absent an argument on that point from defendant. "[I]ndependent review" does not mean review of issues independent of the arguments the appellant chooses to make. Even in a criminal case, "[j]udgments and orders are presumed correct, and the party attacking a judgment or order has the burden of affirmatively demonstrating error." (People v. Neilson (2007) 154 Cal.App.4th 1529, 1534.)