Turner v. Hennessey
Turner v. Hennessey
Opinion of the Court
MEMORANDUM
California state prisoner Lafayette Turner appeals pro se the district court’s denial of his 28 U.S.C. § 2254 petition. We have jurisdiction pursuant to 28 U.S.C. §§ 1291 and 2253(a). Reviewing de novo, Alvarado v. Hill, 252 F.3d 1066, 1068 (9th Cir. 2001), we affirm.
Turner has not demonstrated by clear and convincing evidence that the California Court of Appeal erred when it determined that the failure-to-appear provision was part of the plea agreement. See 28 U.S.C. § 2254(e)(1); Ricketts v. Adamson, 483 U. S. 1, 5-7 n. 3,107 S.Ct. 2680, 97 L.Ed.2d 1 (1987) (“[T]he construction of the plea
Thus, the district court properly denied Turner’s petition. See 28 U.S.C. § 2254(d); Lockyer v. Andrade, •— U.S. -, 123 S.Ct. 1166, 1174-75, 155 L.Ed.2d 144 (2003).
AFFIRMED.
This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Circuit Rule 36-3.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.