State v. Gregg, 484 P.3d 1120

Defendant Phillip Gregg was tried for first‑degree rape; a jury found him guilty.
The jury was instructed that it could return a guilty verdict by a 10–2 vote; defendant did not object at trial.
The jury returned a unanimous 12–0 verdict, which the court confirmed by polling the jurors.
After polling and discharge, the judge commented that a juror may have vacillated but the verdict remained unanimous, a comment defendant cited on appeal as evidence of struggle in deliberations.
Gregg appealed, arguing (1) the trial court erred in denying his mistrial motion, and (2) the nonunanimous‑verdict instruction was structural or, alternatively, not harmless; he conceded the instructional issue was unpreserved and asked for plain‑error review.
The Court of Appeals affirmed: it rejected the mistrial claim without discussion; held the nonunanimous instruction was erroneous and plain but not structural, and that the error was harmless in light of the unanimous jury poll, so it declined to grant relief.

Issue	Plaintiff's Argument (State)	Defendant's Argument (Gregg)	Held
Trial court denial of mistrial	Denial was proper; no reversible error	Mistrial required due to trial events	Rejected without discussion
Instruction that nonunanimous verdict was permitted	Any instructional error is harmless because jury poll showed unanimity; no relief warranted	Instruction is structural error requiring automatic reversal, or at least not harmless on this record; asks for plain‑error review	Instruction was legal error violating Sixth Amendment, unpreserved but plain; not structural; harmless beyond a reasonable doubt given unanimous jury poll; appellate court declined to exercise discretion to award relief

State v. Flores Ramos, 478 P.3d 515 (2020) (holding a nonunanimous‑verdict instruction is not automatically structural error and a unanimous jury poll can render the error harmless)
State v. Chorney‑Phillips, 478 P.3d 504 (2020) (declining discretionary review where polling indicated unanimity and defendant accepted the poll)
State v. Dilallo, 478 P.3d 509 (2020) (declining discretionary review where absence of objection prevented development of the record, including polling)
State v. Vanornum, 317 P.3d 889 (2013) (plain‑error standard: error must be obvious and apparent on the record)
Ailes v. Portland Meadows, Inc., 823 P.2d 956 (1991) (factors for exercising discretion to review unpreserved error)
State v. Ulery, 464 P.3d 1123 (2020) (treating instructional error as grave where verdict was nonunanimous)