State v. Harp

The state appeals from an order granting Rowland Harp a new trial after a jury found him guilty of second degree murder. The issues are: (1) whether the trial court has authority under sec. 805.15(1), Stats., 1 to set aside a verdict and order a new trial on grounds that the real controversy was not fully tried; (2) if so, whether the exercise of that authority is limited to errors relating to the admission or exclusion of evidence; and (3) whether the trial court properly ordered a new trial in this case despite Harp's contribution to the error.

We conclude that circuit courts have the…