In Re the Personal Restraint of Heidi Charlene Fero

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

Brief filed: 04/21/2017


In Re the Personal Restraint of Heidi Charlene Fero

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

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.

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Jeffrey Erwin Ellis, Law Office of Alsept & Ellis, Portland, OR.