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Case No. 21-1617

State of Iowa
Robert Paul Krogmann

The State seeks further review after the court of appeals reversed the defendant’s convictions for attempted murder and willful injury causing serious injury, and remanded for a new trial. The State argues the court of appeals incorrectly determined that a video of defendant’s interview with law enforcement was admissible because it was not hearsay. The State further argues the court of appeals erred when it determined the video was also admissible under the “best evidence” rule, and that exclusion of the video was not harmless.

Trial Court Case No.:


State of Iowa


Robert Paul Krogmann

Attorney for the Applicant

Martha E. Trout, Assistant Attorney General

Attorney for the Resister

Jamie L. Hunter and Angela Campbell

Supreme Court

Oral Argument Schedule


Sep 13, 2023 1:30 PM


Supreme Court Opinion

Opinion Number:
Date Published:
Dec 01, 2023
Date Amended:
Feb 09, 2024

Court of Appeals

Court of Appeals Opinion

Opinion Number:
Date Published:
Mar 08, 2023

              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.

Other Information

Date Further Review is Granted:
May 23, 2023
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