Found Deceased WI - Iliana Lily Peters, 10, left aunt's, didn't arr hm, bike fnd, Chippewa Falls, 24 Apr 22, *14yo charged* #2

[Seattle1]

Boy who 'murdered cousin, 10, and raped her corpse' makes sick plea

Carson Peters-Berger was 14 when he allegedly killed Lily Peters as they walked along a hiking trail in Chippewa Falls, Wisconsin, on April 24, 2022.

www.dailymail.co.uk

6/11/24

Judge Steven Gibbs ruled on January 22 that he should stay in an adult court, but the Wisconsin Court of Appeals agreed to hear an appeal by the defense.

'The court disagrees that a possible 10-year confinement in the juvenile system, registering as a sex offender and that the defendant would be vulnerable to the adult system would be punishment enough for the defendant,' Gibbs wrote in his ruling.

Peters-Berger's lawyer Michael Cohen objected, arguing sending him to jail for decades wouldn't deter others and would only be retribution.

'The Circuit Court correctly found that he could not receive adequate treatment in the criminal justice system and that retaining jurisdiction in adult court is not necessary to deter him or other juveniles,' he said.

'But the Circuit Court erred in finding that transferring jurisdiction would depreciate the seriousness of the offense.

'In this case, putting [Peters-Berger] in adult prison for life is not necessary. It will not motivate change or cause change.

'It is only punishment for the sake of punishment, which is not what the law permits for juveniles.

Wisconsin Attorney General Josh Kaul and Assistant AG John Flynn submitted a 25-page rebuttal on Monday, arguing the crime was too serious.

'[Peters-Berger], intending to murder and sexually assault the victim, convinced her to go down a trail with him,' they wrote.

 

[Seattle1]

Case Details for 2024AP000189 in Chippewa County

State v. C. T. P.-B.​

Appeal Number 2024AP000189 - CR​

Court of Appeals District 3

Brief of Appellate:

https://acefiling.wicourts.gov/document/eFiled/2024AP000189/786017

Brief of Respondent:

https://acefiling.wicourts.gov/document/eFiled/2024AP000189/812780

 

[Niner]

@Seattle1 - DA Newell estimated the appeal would take about 4 weeks. That would bring us up to about July 11th.

and from what the Appeal case hisory has this since May:

Status Court Filing Date Anticipated Due Date Activity
PEND CA Awaiting Assignment

PEND CA 03-07-2024 Statement on Transcript
Comment: DO NOT PURSUE, see cto issued 2/20/24

OCCD CA 06-20-2024 Record and Briefs Sent to District 3

OCCD CA 06-20-2024 Reply Brief
Filed By: Alicia Linzmeier

OCCD CA 06-07-2024 Brief of Respondent(s)

Comment: Amended notices issued 6/10/24 as to filing date.

link: WSCCA Case History

IF I am looking at the correct link - ??

 

[Seattle1]

@Seattle1 - DA Newell estimated the appeal would take about 4 weeks. That would bring us up to about July 11th.

I'm not sure DA Newell's "guess prediction" of 4 weeks is correct. Nonetheless, not taking July 4 holiday into account, 4 weeks from the defendant's response on 6/20 pencils out to around July 18.

Given the Appellant (Defendant) requested Oral Argument and Published Opinion (see pg 5/39), and no mention that such argument has been scheduled, I don't see anything close to a decision in July 2024. Also, District 3 Oral Arguments (as of July 11) only show 2 hearing completed-- in Feb and June 2024!

https://www.wicourts.gov/ca/ORACA.pdf

POSITION ON ORAL ARGUMENT AND PUBLICATION
Oral argument is appropriate in this case under Wis. Stat. (Rule)809.22. Appellant’s arguments clearly are substantial and do not fall within that class of frivolous or near frivolous arguments concerning which oral argument may be denied under Rule 809.22(2)(a).Publication is appropriate in this case, as the decision will clarify the proper considerations and analysis to be undertaken by a circuit court under this statute.

https://acefiling.wicourts.gov/document/eFiled/2024AP000189/786017

History:

The Circuit Court noted the case sent to the Appellate on 3/8/24:
Appeals Document Index: 2024AP000189 sent to Court of Appeals by: Laura J Hayden
And the WSCCA noted the Brief of the Appellant was filed on 4/3/24, State (Plaintiff) filed their response brief on 6/7/24, and the Defendant replied on 6/20/24.

Wisconsin Circuit Court Access

wcca.wicourts.gov

WSCCA Case History

 

[Niner]

I'm not sure DA Newell's "guess prediction" of 4 weeks is correct. Nonetheless, not taking July 4 holiday into account, 4 weeks from the defendant's response on 6/20 pencils out to around July 18.

Given the Appellant (Defendant) requested Oral Argument and Published Opinion (see pg 5/39), and no mention that such argument has been scheduled, I don't see anything close to a decision in July 2024. Also, District 3 Oral Arguments (as of July 11) only show 2 hearing completed-- in Feb and June 2024!

https://www.wicourts.gov/ca/ORACA.pdf

POSITION ON ORAL ARGUMENT AND PUBLICATION
Oral argument is appropriate in this case under Wis. Stat. (Rule)809.22. Appellant’s arguments clearly are substantial and do not fall within that class of frivolous or near frivolous arguments concerning which oral argument may be denied under Rule 809.22(2)(a).Publication is appropriate in this case, as the decision will clarify the proper considerations and analysis to be undertaken by a circuit court under this statute.

https://acefiling.wicourts.gov/document/eFiled/2024AP000189/786017

History:

The Circuit Court noted the case sent to the Appellate on 3/8/24:
Appeals Document Index: 2024AP000189 sent to Court of Appeals by: Laura J Hayden
And the WSCCA noted the Brief of the Appellant was filed on 4/3/24, State (Plaintiff) filed their response brief on 6/7/24, and the Defendant replied on 6/20/24.

Wisconsin Circuit Court Access

wcca.wicourts.gov

WSCCA Case History

Thanks! I guess I do not understand the legal words! LOL!

 

[Seattle1]

Thanks! I guess I do not understand the legal words! LOL!

I disagree with that statement! You're a rock star!

Let's just say the Appellate Court is a much different animal.

 

[Seattle1]

When will the court issue a decision in my case?​

It is not possible to know exactly how long the appeal process will take in a particular case. The most recent statistics, however, indicate that the average appeal time, from the filing of the notice of appeal to the court's decision, is slightly less than 10 months. To obtain more specific statistical information regarding appeal times, you can download the Court of Appeals' Annual Report.

Wisconsin Court System - Court of Appeals fees and filing

See information about fees and filing in the Wisconsin Court of Appeals.

www.wicourts.gov

 

[Niner]

When will the court issue a decision in my case?​

It is not possible to know exactly how long the appeal process will take in a particular case. The most recent statistics, however, indicate that the average appeal time, from the filing of the notice of appeal to the court's decision, is slightly less than 10 months. To obtain more specific statistical information regarding appeal times, you can download the Court of Appeals' Annual Report.

Wisconsin Court System - Court of Appeals fees and filing

See information about fees and filing in the Wisconsin Court of Appeals.

www.wicourts.gov

I should realize appeals take a VERY LONG time to get to their decisions...

I shall keep checking this case from time - to - time.

 

[Rita7]

I feel so sorry for that precious little girl who had the misfortune of being born into such a marginal family.