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STATE v. PORTER

A-91 September Term 2011, 069223

80 A.3d 732 (2013)

216 N.J. 343

STATE of New Jersey, Plaintiff-Respondent, v. Oscar PORTER, Defendant-Appellant.

Supreme Court of New Jersey.

Decided December 19, 2013.

Attorney(s) appearing for the Case

Lois A. De Julio, Assistant Deputy Public Defender, argued the cause for appellant (Joseph E. Krakora, Public Defender, attorney).

John E. Anderson, Special Deputy Attorney General Acting Assistant Prosecutor, argued the cause for respondent (Carolyn A. Murray, Acting Essex County Prosecutor, attorney).

Oscar Porter submitted a supplemental brief pro se.

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...

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