Urrabazo v. State
Annotate this Case
In April 2021, Jaime Urrabazo was found guilty of delivering a controlled substance by a jury. While his appeal was pending, Urrabazo filed his first application for postconviction relief, which was dismissed after he failed to attend the hearing. In April 2023, Urrabazo filed a second application for postconviction relief, arguing that the jury in his trial was not unanimous because one juror's response during the polling of the jury was inaudible on the recording.
The District Court of Cass County denied Urrabazo's second application for postconviction relief. The court found that Urrabazo had misused the process by failing to raise his claim about the lack of jury unanimity in his first postconviction proceeding. The court also found that Urrabazo's trial counsel was objectively reasonable for not moving for a mistrial after the jury polling, and that Urrabazo's appellate counsel was objectively reasonable in not raising the issue of jury unanimity on appeal.
Urrabazo appealed to the Supreme Court of North Dakota, arguing that the district court erred in finding his application for postconviction relief was a misuse of process and that his counsel was not ineffective. The Supreme Court affirmed the district court's decision. The court found that Urrabazo's second petition for postconviction relief was not a misuse of process and that his counsels' representation was objectively reasonable. The court concluded that Urrabazo had not shown that the jury was not unanimous and that his counsels' representation did not fall below an objective standard of reasonableness.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.