STATE OF NEW JERSEY VS. JIHAD BASSITÂ (08-10-3194, ESSEX COUNTY AND STATEWIDE), A-4135-15T1

Background

Defendant Jihad Bassit pleaded guilty in 2010 pursuant to a negotiated agreement to several charges (including aggravated manslaughter, aggravated assault, possession of a handgun, and conspiracy), with the State recommending a 20-year aggregate term subject to NERA parole ineligibility.
Shortly after the plea, Bassit moved to withdraw his plea claiming innocence; the trial court denied the motion under the Slater factors and sentenced him pursuant to the plea.
Bassit later filed a PCR petition asserting ineffective assistance of trial counsel, alleging counsel discouraged plea withdrawal and failed to investigate or use an exculpatory letter allegedly sent by co-defendant Tourie Moses.
Initial PCR proceedings produced certifications from Moses purporting to recant incriminating statements and a claim that a letter exculpating Bassit existed; the PCR court denied relief and this Court remanded for an evidentiary hearing limited to the conspiracy charge in the Accusation.
At the evidentiary hearing, trial counsel denied receiving any exculpatory letter and testified he would have used it; Bassit and Moses testified the letter had been provided. The PCR judge found counsel credible, disbelieved Bassit and Moses, concluded the alleged letter likely never existed, and denied PCR.
This appeal challenges the PCR court’s denial based on Strickland ineffective-assistance principles; the Appellate Division affirmed.

Issues

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether trial counsel rendered ineffective assistance by failing to investigate/use an alleged exculpatory letter from co-defendant that would support withdrawal of the plea to the Accusation	The State argued PCR record and hearing supported the PCR judge’s credibility finding that counsel did not receive any such letter and therefore acted reasonably	Bassit argued counsel discouraged withdrawal, failed to contact Moses or his attorney, and ignored an exculpatory letter that would have supported a Slater claim of innocence	Court held counsel credible, found no evidence the letter existed or was provided to counsel, and affirmed denial of PCR under Strickland
Whether an evidentiary hearing was required on the conspiracy-Accusation ineffective-assistance claim	State agreed remand was appropriate and the PCR court properly held a limited hearing	Bassit contended the hearing proved counsel ineffective and established a right to withdraw plea	Court found the limited hearing occurred and the judge’s credibility determinations resolved disputed facts against Bassit
Whether Bassit established prejudice from counsel’s alleged failures sufficient to vacate plea	State maintained Bassit failed to prove deficient performance or prejudice	Bassit argued the letter would have shown a colorable claim of innocence under Slater and changed the plea outcome	Court held Bassit did not satisfy Strickland prejudice or performance prongs based on the judge’s factual findings
Whether the PCR court’s factual findings warrant deference on appeal	State argued trial court’s live-witness credibility findings deserve deference	Bassit argued findings were erroneous given witness testimony	Court deferred to PCR judge’s credibility assessments and affirmed

Key Cases Cited

State v. Slater, 198 N.J. 145 (N.J. 2009) (sets factors for evaluating plea-withdrawal motions)
Strickland v. Washington, 466 U.S. 668 (U.S. 1984) (two-pronged test for ineffective assistance of counsel)
State v. Fritz, 105 N.J. 42 (N.J. 1987) (adoption of Strickland standard in New Jersey)
State v. Nunez-Valdez, 200 N.J. 129 (N.J. 2009) (ineffective assistance in plea context and material misinformation)
State v. Afanador, 151 N.J. 41 (N.J. 1997) (PCR as state analogue to federal habeas corpus)
State v. Elders, 192 N.J. 224 (N.J. 2007) (deference to trial court factual findings and credibility determinations)
State v. Pierre-Louis, 216 N.J. 577 (N.J. 2014) (reaffirmation of Strickland standards)
State v. Johnson, 42 N.J. 146 (N.J. 1964) (credibility and appellate deference precedent)