State v. Oscar Porter (069223), 216 N.J. 343

Defendant Oscar Porter was convicted of attempted murder, armed robbery, conspiracy, and aggravated assault after David Veal identified him as one of three assailants in a 2003 armed robbery that left Rayfield Ashford dead and Veal wounded.
At trial defense theory focused on misidentification; the jury acquitted on the murder charge and deadlocked on some counts related to Ashford.
For PCR, Porter alleged trial counsel failed to investigate or present an alibi: Porter and his girlfriend Katrina Adams submitted affidavits saying Porter was with Adams during the crime and Adams was willing to testify.
Porter also submitted an affidavit from Rashana Lundy claiming Porter and Ashford were friends and would have testified, and alleged counsel failed to convey any plea offers.
The PCR court denied an evidentiary hearing, finding Adams biased and concluding her testimony would not have altered the strong identification evidence; the Appellate Division affirmed; the New Jersey Supreme Court granted limited certification.
The Supreme Court concluded Porter's alibi-related ineffective-assistance claim raised material disputed facts not resolvable on the record and reversed to remand for an evidentiary hearing on that issue; plea-offer claim was rejected for lack of factual predicate; Lundy claim not shown prima facie but may be considered on remand.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether defendant was entitled to an evidentiary hearing on claim that trial counsel failed to investigate/present an alibi witness	State: Adams would be biased and her testimony would not overcome Veal’s strong identification; omission was tactical	Porter: Counsel rebuffed Adams’ offers to participate; affidavits show an investigable alibi that could create reasonable doubt	Court: Porter made a prima facie showing and raised material disputed facts; remand for evidentiary hearing on alibi claim
Whether defendant was entitled to a hearing on counsel’s failure to call Lundy (witness re: relationship with victim)	State: Lundy’s proffer is irrelevant to charges on which Porter was convicted; no prejudice shown	Porter: Lundy would have testified that Porter and Ashford were friends and was willing to testify — counsel did not contact her	Court: No prima facie showing for this claim, but remand judge may consider whether failure to investigate Lundy constituted ineffective assistance
Whether defendant was entitled to a hearing on claim counsel failed to convey a plea offer	State: No evidence a plea offer was made or not conveyed	Porter: Alleged counsel never explained any plea offers	Court: No factual assertion that an offer was made; no prima facie case; no hearing warranted

Strickland v. Washington, 466 U.S. 668 (establishes two-pronged ineffective assistance standard)
State v. Preciose, 129 N.J. 451 (ineffective-assistance claims often require evidentiary hearings)
State v. Fritz, 105 N.J. 42 (adopts Strickland under NJ Constitution)
State v. Chew, 179 N.J. 186 (counsel’s duty to investigate; deficient performance)
State v. Savage, 120 N.J. 594 (importance of pre-trial witness interviews)
State v. Cummings, 321 N.J. Super. 154 (need affidavits/certifications showing what investigation would have revealed)
State v. Pyatt, 316 N.J. Super. 46 (credibility assessments best resolved in evidentiary hearing)
State v. Allen, 398 N.J. Super. 247 (questionable affidavits must be tested for credibility at hearing)
State v. Mitchell, 149 N.J. Super. 259 (alibi defense has strong potential to create reasonable doubt)
State v. Russo, 333 N.J. Super. 119 (disputes about off-record events require hearing)
State v. Sparano, 249 N.J. Super. 411 (ineffective-assistance facts often lie outside trial record)
State v. Marshall, 148 N.J. 89 (vague or conclusory allegations do not warrant hearing)
State v. Parker, 212 N.J. 269 (facts should be viewed most favorably to defendant when deciding hearings)
State v. Gomez, 341 N.J. Super. 560 (remand to a different judge appropriate when reversing for new hearing)