State of New Jersey, Plaintiff-Respondent v. Oscar Porter, Defendant-Appellant

Summary

The Supreme Court of New Jersey reversed the Appellate Division's affirmance of the denial of Oscar Porter's post-conviction-relief (PCR) petition without an evidentiary hearing. The Court held that Porter made a prima facie showing of ineffective assistance based on trial counsel's failure to investigate an alibi defense, and that material facts—counsel's reasons for omitting the alibi and the alibi witness's credibility—were disputed off the record, so the PCR judge erred by making credibility findings from affidavits alone. It directed an evidentiary hearing before a judge who had not previously evaluated the disputed issues, while concluding that no hearing was required on the Lundy witness claim (Porter was acquitted of the Ashford-related charges) or on the plea-conveyance claim (no assertion that any offer was actually made).