McGowan v. WARDEN, MAINE STATE PRISON

ORDER AFFIRMING THE RECOMMENDED DECISION OF THE MAGISTRATE JUDGE

JOHN A. WOODCOCK, JR., Chief Judge.

The Court affirms the Magistrate Judge’s Recommended Decision recommending denial of a petition for habeas corpus under 28 U.S.C. § 2254. However, should the Petitioner seek a certificate of appealability, the Court will issue one under 28 U.S.C. § 2253(c)(1) on whether his trial counsel’s failure to adequately cross-examine state witness Jamie Merrill and his failure to obtain a blood spatter expert constituted denial of Petitioner’s constitutional right to effective assistance of trial.

I. THE…