IN RE FERO

No. 92975-1.

409 P.3d 214 (2018)

IN RE the Personal Restraint of Heidi Charlene FERO, Respondent.

Supreme Court of Washington.

Filed February 1, 2018.


Attorney(s) appearing for the Case

Rachael Rogers , Clark County Prosecuting Attorney, P.O. Box 5000, 1013 Franklin Street, Vancouver, WA, 98666-5000, for Petitioner.

J. Christopher Baird , Margaret Cecelia Hupp , Perkins Coie LLP, 1201 3rd Ave., Ste. 4900, Seattle, WA, 98101-3099, Kate Huber Innocence , Project Northwest, P.O. Box 85110, Seattle, WA, 98145-1110, for Respondent.

Pamela Beth Loginsky , Washington Assoc. of Prosecuting Atty., 206 10th Ave. S.E., Olympia, WA, 98501-1311, Mary Kathleen Webber , Snohomish County Prosecutor's Office, MSC 504, 3000 Rockefeller Ave., Everett, WA, 98201-4061, as Amicus Curiae on behalf of Washington Association of Prosecuting Attorneys.

Taylor S. Ball , Attorney at Law, 1201 3rd Ave., Ste. 2200, Seattle, WA, 98101-3045, as Amicus Curiae on behalf of The Innocence Network.

Neil Martin Fox , Law Office of Neil Fox, PLLC, 2125 Western Ave., Ste. 330, Seattle, WA, 98121, as Amicus Curiae on behalf of Washington Association of Criminal Defense Lawyers.

Jeffrey Erwin Ellis , Law Office of Alsept & Ellis, 621 S.W. Morrison St., Ste. 1025, Portland, OR, 97205-3813, as Amicus Curiae on behalf of National Association of Criminal Defense Lawyers.

Cindy Arends Elsberry , Washington Defender Association, 110 Prefontaine Pl. S., Ste. 610, Seattle, WA, 98104-2626, as Amicus Curiae on behalf of Washington Defender Association.


¶ 1 On a January night in 2002, Heidi Charlene Fero called emergency responders seeking help for an injured child. Minutes later, paramedics arrived and found fifteen-month-old Brynn Ackley unconscious and limp, with bruising on her face. Brynn's treating physicians later determined that she had suffered severe and debilitating...

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