Ernest B. Weidul v. State of Maine

Summary

The Maine Supreme Judicial Court held that a successor judge in a post‑conviction hearing may not render factual findings on testimony he did not hear without permitting the parties to recall those witnesses, absent a waiver, and that the error of refusing such recall was not harmless. Accordingly, the court vacated the post‑conviction court’s judgment and remanded for further proceedings. The decision also affirmed the de novo standard of review for legal conclusions in post‑conviction matters.