Topic: absent clear evidence to the contrary in the record, the ju… · Go Syfert
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Topic #4134

6 canonical passages across 5 cases, quoted by 79 opinions in total. These passages cluster together because the same opinions keep quoting them side by side — they state parts of one doctrine. The anchor passage is from Yarborough v. Commonwealth.

#Case FlagCanonical passage Citers
1 Yarborough v. Commonwealth Anchor
va · 1977
green “absent clear evidence to the contrary in the record, the judgment of a trial court comes to us on appeal with a presumption that the law was correctly applied to the facts.” 42
2 Yarborough v. Commonwealth
va · 1977
green “we will not fix upon isolated statements of the trial judge taken out of the full context in which they were made, and use them as a predicate for holding the law has been misapplied.” 16
3 Kirk T. Milam v. Sheila J. Milam
vactapp · 2015
green “the trial court is presumed to know and correctly apply the law 'absent clear evidence to the contrary in the record.” 7
4 Oliver v. Commonwealth
vactapp · 2001
green “the trial court's judgment is presumed to be correct.” 6
5 Hodges v. COM., DEPT. OF SOCIAL SERVICES
vactapp · 2005
green “on appeal, a ruling is entitled to a presumption of correctness; a trial court is presumed to have known and properly applied the law, absent clear evidence to the contrary.” 4
6 Early v. Commonwealth
· 1890
green “nothing is better settled than that everything is to be presumed in favor of the correctness of the rulings of a court of competent jurisdiction, when brought under review in an appellate tribunal, until the contrary is shown.” 4

A red or yellow flag on a member means the underlying case has negative treatment — for those, check the case page before relying on the passage.

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