In re Pers. Restraint of Fero (Majority, Concurrence, Dissent and Concurrence/Dissent)
Annotate this CaseIn 2002, Heidi 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 injuries consistent with shaken baby syndrome. Fero was charged and convicted of first degree child assault. In 2014, many years after her judgment became final, she filed a personal restraint petition contending that the medical community's evolving understanding of shaken baby syndrome was newly discovered evidence that would undermine the expert evidence as to the causes and timing of Brynn's injuries. The Washington Supreme Court held that this evidence would not have changed the result at trial, and therefore dismissed Fero's petition.
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