State of Minnesota v. Tracey Dee Keyes

Summary

The court held that Keyes preserved his challenge to the denial of a specific-unanimity instruction and that the district court abused its discretion by refusing the instruction. Because the State presented two distinct acts of nonconsensual sexual penetration, either of which could independently establish the charged offense, the jury needed to agree on the act supporting its verdict. The instructional error was not harmless beyond a reasonable doubt, so the court reversed the relevant convictions and remanded for a new trial.