Legal Opinion
State v. Oscar Porter (069223)
Supreme Court of New Jersey
Decided December 19, 2013No. A-91-11PublishedCited by 326 opinions
1Opinion of the Court
RODRÍGUEZ, P.J.A.D.,
temporarily assigned, delivered the opinion of the Court.
It is well-settled that, to the extent that a petition for post-conviction relief (PCR) involves material issues of disputed facts that cannot be resolved by reference to the trial record, an evidentiary hearing must be held. See State v. Preciose, 129 N.J. 451, 462, 609 A.2d 1280 (1992). Assessment of credibility is the kind of determination “best made through an evidentiary proceeding with all its explorative benefits, including the truth-revealing power which the opportunity to cross-examine bestows.” State v.…
2Cases cited17 opinions
- Strickland v. WashingtonSupreme Court of the United States · 1984
- United States v. WadeSupreme Court of the United States · 1967
- State v. FritzSupreme Court of New Jersey · 1987
- State v. PrecioseSupreme Court of New Jersey · 1992
- State v. CummingsNew Jersey Superior Court Appellate Division · 1999
12 more not listed; retrieve them via the Exa API.
3Cited by326 opinions
- State v. Terry C. Jones (070733)Supreme Court of New Jersey · 2014
- Skakel v. Comm'r of Corr.Supreme Court of Connecticut · 2018
- State of New Jersey v. Edward PeoplesNew Jersey Superior Court Appellate Division · 2016
- State v. EllisonNew Jersey Superior Court Appellate Division · 2016
- CONCEPCION v. WARDENDistrict Court, D. New Jersey · 2023
321 more not listed; retrieve them via the Exa API.