Charles Morton Turlington v. Samuel A. Lewis Grant Woods, Attorney General

83 F.3d 429 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Charles Morton TURLINGTON, Petitioner-Appellant, v. Samuel A. LEWIS; Grant Woods, Attorney General, Respondents-Appellees. Nos. 95-15983, 95-15986. United States Court of Appeals, Ninth Circuit. Submitted Feb. 2, 1996. * Decided April 17, 1996. Before: SNEED, SKOPIL, and FERGUSON, Circuit Judges. 1 MEMORANDUM ** 2 Charles Morton Turlington appeals the district court's denial of his 28 U.S.C. § 2254 habeas petition and the accompanying motion for an evidentiary hearing. He contends an evidentiary hearing is necessary to determine whether he voluntarily absented himself from his court proceedings because the state court's finding that he did so absent himself is not supported by the record. We affirm. I. FACTUAL AND PROCEDURAL BACKGROUND 3 Turlington was arrested in Cochise County, Arizona, on charges of theft on December 6, 1992. His initial appearance in the Cochise County Superior Court was held the same…