Berube v. State

NORTHCUTT, Judge.

We previously reversed the denial of Steven Berube’s motion for postconviction relief and remanded for the matter to be considered anew by a different judge. On remand the motion was denied again, but Berube maintains that the successor judge erred by basing her ruling on a transcript of the evidentiary hearing conducted by the previous judge. We agree and, accordingly, reverse and remand for further proceedings.

Berube’s robbery conviction was based in part on evidence of two confessions he allegedly made to the police. After his conviction, Berube filed a motion for…