Don't forget you've made other assertions about this appeal being about an error fact rather than law, judicial discretion at trial, full consideration of evidence, Mori says this no wait this...
As to burden of proof, the person with misconceptions about this is you. I'm not aware of anyone else stating each individual piece of evidence needs to be clear and convincing. Rather we are objecting to improper burden switching--different issue. As pointed out elsewhere, also consistent reliance on misrepresentation of evidence and testimony.
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