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STATE EX REL. KOSTER v. McELWAIN

No. WD 73211.

340 S.W.3d 221 (2011)

STATE of Missouri ex rel. Chris KOSTER, Relator, v. The Honorable Warren McELWAIN, Circuit Judge of DeKalb County, and Julie Whitsell, Circuit Clerk DeKalb County Circuit Court, Respondents.

Missouri Court of Appeals, Western District.

As Modified May 3, 2011.

Motion for Rehearing and/or Transfer to Supreme Court Denied May 3, 2011.

Application for Transfer Denied June 28, 2011.

Attorney(s) appearing for the Case

Stephen D. Hawke , Jefferson City, MO, for relator.

Sean D. O'Brien and Bronwyn Werner , Kansas City, MO, for Respondents.

Before Writ Division: CYNTHIA L. MARTIN, Presiding Judge, MARK D. PFEIFFER, Judge and GARY D. WITT, Judge.

CYNTHIA L. MARTIN, Judge.

This is an original proceeding in certiorari to review the Honorable Warren McElwain's entry of a writ of habeas corpus to Dale Helmig.1 Dale Helmig was convicted in March 1996, following a jury trial in Gasconade County of the first degree murder of his mother, Norma Helmig, whose body was recovered on Sunday, August 1, 1993, from the swollen flood waters at the confluence of the Maries and Osage Rivers. Dale...

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