State of Iowa
v.
Robert Paul Krogmann
Appellee
State of Iowa
Appellant
Robert Paul Krogmann
Attorney for the Appellee
Martha E. Trout, Assistant Attorney General
Attorney for the Appellant
Jamie L. Hunter and Angela Campbell
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Delaware County, Linda M. Fangman, Judge. REVERSED AND REMANDED FOR NEW TRIAL. Heard by Greer, P.J., Chicchelly, J., and Gamble, S.J. Opinion by Gamble, S.J. (16 pages)
Robert Krogmann appeals his convictions for attempted murder and willful injury causing serious injury. He challenges the sufficiency of the evidence supporting his attempted murder conviction and argues the district court should have admitted a video exhibit of an interrogation that occurred after he shot someone to support his diminished-responsibility defense. OPINION HOLDS: Substantial evidence supports Krogmann’s attempted-murder conviction. The district court should not have excluded the video exhibit as hearsay because it was not being offered for the purpose of establishing the truth of the matter asserted in the statements made during the interrogation. Instead, it was being offered to demonstrate Krogmann’s demeanor and conduct following the shooting. The video should have been admitted under the best evidence rule because the parties disputed how Krogmann acted during the interrogation. So we reverse and remand for new trial.
