NACDL - In Re the Personal Restraint of Heidi Charlene Fero

In Re the Personal Restraint of Heidi Charlene Fero

Amicus Brief of National Association of Criminal Defense Lawyers (NACDL).

In Re the Personal Restraint of Heidi Charlene Fero

Case Details

Case No.: 92975-1
Jurisdiction: Supreme Court of the State of Washington

Key Topics in the Case

Rule of Lenity | Post-Conviction Proceedings | Time Bar | Newly Discovered Evidence | Advances in Science | Shaken Baby Syndrome (SBS) | Constitutional Avoidance

Documents

In-Re-the-Personal-Restraint-of-Heidi-Charlene-Fero-Amicus.pdf

Prior Decision

Decision below 192 Wash.App. 138 ( (Wash.App.Div. 2, Jan. 5, 2016).

A miscarriage of justice is not always evident until years later. DNA exonerations have exposed that faulty science often leads to wrongful convictions. Newly discovered evidence constitutes a claim for relief and an exception to the time bar. Advances in science can constitute newly discovered evidence. Due diligence should not require premature filing. Both the rule of lenity and the constitutional avoidance doctrine mandate the statutory construction urged by Ms. Fero.