State v. Bilke

OPINION

MOELLER, Justice.

FACTS

In 1974, defendant Mitchell Paul Bilke was convicted of three counts of armed robbery, three counts of armed rape, one count of armed kidnapping, and six counts of lewd and lascivious acts. Defendant’s defense at trial was not insanity, but instead, mistaken identity. He was sentenced to consecutive, indeterminate sentences totalling not less than 59 nor more than 170 years. 1 ' This proceeding does not involve the validity of the convictions.

In late 1987, defendant filed an amended petition for post-conviction relief (PCR). In it he claimed, as newly-discovered…