Dale Helmig v. Carl Fowler

SHEPHERD, Circuit Judge.

In March 1996, Dale Helmig (“Helmig”) was convicted by a jury in the Circuit Court of Gasonade County, Missouri of the first-degree murder of his mother, .Norma Helmig. The conviction was affirmed. State v. Helmig, 950 S.W.2d 649 (Mo. Ct. App. 1997). Post-conviction relief was denied, and the denial was affirmed. Helmig v. State, 42 S.W.3d 658 (Mo. Ct. App. 2001). In 2009 Helmig sought habeas relief in state court, and in 2011 the Missouri Court of Appeals vacated his conviction and gave the State 180 days to retry him. State ex rel. Koster v. McElwain, 340 S.W.3d 221,…