State Ex Rel. Dismuke v. Kolb

Paul Dismuke appeals from an order denying his sec. 974.06, Stats, motion for postcon-viction relief from his 1981 armed robbery conviction. The issue is whether his motion states a claim for which relief could be granted under sec. 974.06. We conclude it does not. We reach that conclusion because this is Dismuke’s second sec. 974.06 motion, and no reason is shown why the claim was not raised in his first motion. We affirm the order.

The procedural facts are undisputed. On November 13,1978, a criminal complaint was filed in Rock county circuit court charging Dismuke with armed robbery while…