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State v. Primeau

Court of Appeals of Ohio, Eighth District, Cuyahoga

March 30, 2017

STATE OF OHIO PLAINTIFF-APPELLEE
v.
PETER A. PRIMEAU DEFENDANT-APPELLANT

         Civil Appeal from the Cuyahoga County Court of Common Pleas Case No. CR-11-556885-A

          ATTORNEYS FOR APPELLANT Donald J. Malarcik Seneca Konturas.

          ATTORNEYS FOR APPELLEE Michael C. O'Malley Cuyahoga County Prosecutor BY: Gregory J. Ochocki Assistant County Prosecutor

          BEFORE: Boyle, J., Keough, A.J., and E.T. Gallagher, J.

          JOURNAL ENTRY AND OPINION

          MARY J. BOYLE, JUDGE.

         {¶1} Defendant-appellant, Peter Primeau, appeals a judgment denying his petition for postconviction relief. He raises one assignment of error for our review:

The trial court erred when it denied Mr. Primeau's petition for postconviction relief, finding that Mr. Primeau's trial counsel representation did not reach the level of ineffective assistance of counsel, and that Mr. Primeau was not prejudiced or denied effective assistance of counsel to an extent that would have altered the outcome of the case.

         {¶2} Finding no merit to his appeal, we affirm.

         I. Procedural History

         {¶3} In January 2012, Primeau was convicted of two counts of murder and one count of felonious assault for beating his wife to death. He was sentenced to 15 years to life in prison.

         {¶4} Primeau directly appealed his convictions, raising 13 assignments of error. This court overruled his assigned errors and affirmed his convictions. See State v. Primeau, 8th Dist. Cuyahoga No. 97901, 2012-Ohio-4528. The Ohio Supreme Court declined to accept jurisdiction of Primeau's appeal. See State v. Primeau, 134 Ohio St.3d 1488, 2013-Ohio-902, 984 N.E.2d 30. The United States Supreme Court also denied Primeau's writ of certiorari. Primeau v. Ohio, ___U.S.___, 134 S.Ct. 335, 187 L.Ed.2d 158 (2013).

         {¶5} On October 7, 2014, Primeau filed a writ of habeas corpus in federal court. Primeau v. Kelly, N.D.Ohio No. 3:14 CV 2231. Primeau moved to stay the federal court proceedings to exhaust certain state law claims contained in his writ. The District Court granted his motion to stay the federal court proceedings so that he could submit his state law claims.

         {¶6} Primeau subsequently filed his petition for postconviction relief on November 9, 2015. The trial court denied his petition on May 25, 2016. It is from this judgment that Primeau now appeals.

         II. Untimely Petition for ...


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