PALMER v. WARDEN, MAINE STATE PRISON

UNITED STATES DISTRICT COURT DISTRICT OF MAINE ROWE PALMER, ) ) Petitioner, ) ) v. ) 1:19-cv-00345-JAW ) ) WARDEN, MAINE STATE PRISON, ) ) Respondent ) RECOMMENDED DECISION ON

28 U.S.C. § 2254

PETITION Pursuant to 28 U.S.C. § 2254, Petitioner argues that his state court conviction for operating under the influence of intoxicants and aggravated assault should be vacated because the trial court improperly admitted evidence of a warrantless blood test. (Petition at 6–11, ECF No. 1.) The State contends that Petitioner’s claim constitutes a Fourth Amendment challenge and thus Petitioner is not…