STATE OF NEW JERSEY VS. JAMIL KOLLIE(11-06-1147, ESSEX COUNTY AND STATEWIDE), A-1591-16T3

Defendant Jamil Kollie was convicted of first-degree robbery, second-degree weapons offenses, and third-degree theft; received an aggregate 15-year sentence subject to the No Early Release Act.
This Court previously affirmed his conviction and sentence on direct appeal.
Kollie filed a petition for post-conviction relief (PCR) claiming trial counsel was ineffective for failing to investigate and present alibi witnesses.
At the PCR stage, Kollie submitted only his own affidavit describing the anticipated testimony of the alleged alibi witnesses; he did not submit affidavits from those witnesses.
The PCR court denied the petition without an evidentiary hearing; the Appellate Division reviewed the denial de novo under Strickland and related New Jersey precedent.
The court affirmed, holding that Kollie failed to make a prima facie showing because he did not submit third‑party affidavits and thus failed to demonstrate prejudice from counsel's alleged failure to investigate.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether defendant received ineffective assistance because trial counsel failed to investigate/present alibi witnesses	State: Defendant failed to make a prima facie showing entitled to a hearing because he produced only his own affidavit, not affidavits from alleged alibi witnesses	Kollie: Counsel was ineffective for not investigating; witnesses at a woman’s house would corroborate his alibi	Denied. Court affirmed PCR denial without evidentiary hearing: defendant needed affidavits from the uncalled witnesses to establish a prima facie claim and show prejudice; his lone affidavit was insufficient

Strickland v. Washington, 466 U.S. 668 (ineffective assistance standard)
State v. Fritz, 105 N.J. 42 (applying Strickland in New Jersey)
State v. Harris, 181 N.J. 391 (de novo review where no PCR evidentiary hearing)
State v. Porter, 216 N.J. 343 (alibi: uncalled-witness affidavits can require evidentiary hearing)
State v. Cummings, 321 N.J. Super. 154 (bare assertions of alibi without witness affidavits insufficient for prima facie PCR claim)