California, United States of America
The following excerpt is from The People v. Turner, H035009, Super. Ct. No. CC930586 (Cal. App. 2010):
At the outset, we note that in essence, the opening brief asks this court to assume certain facts about the time of the parole search. This approach violates the basic principles of appellate review. "Perhaps the most fundamental rule of appellate law is that the judgment challenged on appeal is presumed correct, and it is the appellant's burden to affirmatively demonstrate error. [Citation.]" (People v. Sanghera (2006) 139 Cal.App.4th 1567, 1573.)4 " 'Such error... must be affirmatively shown, and the burden
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