IN RE GOMEZ

No. 86711-9.

325 P.3d 142 (2014)

180 Wn.2d 337

In the Matter of the Personal Restraint of Maribel GOMEZ, Petitioner.

Supreme Court of Washington, En Banc.

Decided May 8, 2014.


Attorney(s) appearing for the Case

Jacqueline McMurtrie , UW Law Clinic-Innocence Project NW, Maria Fernanda Torres , University of Washington School of Law, Seattle, WA, for Petitioner.

D. Angus Lee , Kevin James McCrae , Grant County Prosecuting Attorney, Ephrata, WA, for Respondent.

Travis Stearns , Washington Defender Association, Sarah A. Dunne , ACLU of Washington Foundation, Nancy Lynn Talner , Attorney at Law, Benjamin Arthur Mayer , K & L Gates, Seattle, WA, amicus counsel for Washington Defender Association.

Travis Stearns , Washington Defender Association, Sarah A. Dunne , ACLU of Washington Foundation, Nancy Lynn Talner , Attorney at Law, Benjamin Arthur Mayer , K & L Gates, Seattle, WA, amicus counsel for American Civil Liberties Union of Washington.

Robert Charles Boruchowitz , Seattle University School of Law, Suzanne Lee Elliott , Attorney at Law, Seattle, WA, for amicus counsel for Washington Association of Criminal Defense Attorneys and the Defender Initiative.

Amy Irene Muth , Law Office of Amy Muth, PLLC, Seattle, WA, for Amicus Curiae on behalf of the Innocence Network.

Pamela Beth Loginsky , Washington Assoc. of Prosecuting Atty., Olympia, WA, amicus counsel for Washington Association of Prosecuting Attorneys (WAPA).


J.M. JOHNSON, J.*

¶ 1 It is difficult to imagine a child more vulnerable than Rafael Arechiga-Gomez, who came into this world drug-addicted. The State system designed to safeguard vulnerable children did not save Rafael. His short life was punctuated by severe and continual abuse at the hands of his own mother, Maribel Gomez. During the brief periods of time that he was in his mother's care, Rafael endured a broken right tibia, bruises...

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