Legal Opinion

People v. Witcraft

California Court of Appeal

Decided December 6, 2011No. H036159PublishedCited by 13 opinions

1Opinion of the Court

Opinion

RUSHING, P. J.

I. Statement of the Case

Defendant David Lynn Witcraft pleaded no contest to causing a false or fraudulent insurance claim to be filed. (Pen. Code, § 550, subd. (a)(1).)1 On appeal from the judgment, he claims defense counsel provided ineffective assistance by failing to renew a motion to dismiss the charge.2

Defendant also filed a petition for a writ of habeas corpus in which he raises the same claim. We ordered that the petition be considered with the appeal, and we shall resolve both the appeal and petition in this decision.

We affirm the judgment on appeal. However, we…

2Cases cited25 opinions

  1. Strickland v. WashingtonSupreme Court of the United States · 1984
  2. People v. CunninghamCalifornia Supreme Court · 2001
  3. People v. AndersonCalifornia Supreme Court · 2001
  4. Kellett v. Superior CourtCalifornia Supreme Court · 1966
  5. People v. CarterCalifornia Supreme Court · 2003

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3Cited by13 opinions

  1. People v. OchoaCalifornia Court of Appeal · 2016
  2. People v. SpicerCalifornia Court of Appeal · 2015
  3. 1550 Laurel Owner's Ass'n, Inc. v. Appellate Div. of the Superior Court of L. A. Cnty., California Court of Appeal, 5th District2018
  4. 1550 Laurel Owner's Assn., Inc. v. App. Div. of Superior CourtCalifornia Court of Appeal · 2018
  5. In re F.B. CA6California Court of Appeal · 2015

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