What is the burden of proof in a criminal appeal?

In California criminal appeal law, the burden of proof lies with the appellant. This means that the appellant must present sufficient evidence to prove that the original ruling was incorrect. In a criminal appeal, the appellate court will review the original ruling and determine whether any errors may have occurred during the trial. The appellant must effectively demonstrate that the original ruling was incorrect by correcting any errors established by the appellate court. This must be done with evidence that is relevant, reliable, and sufficient according to the California evidence code. The appellate court will determine the legal sufficiency of a criminal appeal based on the evidence, but will not weigh the evidence itself. Therefore, the appellant must present sufficient evidence to prove that the original ruling was wrong or that a new trial should be held. Furthermore, the appellant must establish that any errors in the original ruling were prejudicial, or that the outcome would have been different if the errors had not occurred. The burden of proof in a criminal appeal is a heavy one, and puts the onus on the appellant to prove their case. It is therefore important that appellants are familiar with the California evidence code and understand their rights and responsibilities when appealing a criminal conviction.

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