Court of Appeals of Ohio, Eighth District, Cuyahoga
Appeal from the Cuyahoga County Court of Common Pleas Case
ATTORNEYS FOR APPELLANT Donald J. Malarcik Seneca Konturas.
ATTORNEYS FOR APPELLEE Michael C. O'Malley Cuyahoga
County Prosecutor BY: Gregory J. Ochocki Assistant County
BEFORE: Boyle, J., Keough, A.J., and E.T. Gallagher, J.
JOURNAL ENTRY AND OPINION
J. BOYLE, JUDGE.
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
Finding no merit to his appeal, we affirm.
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
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).
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
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.
Untimely Petition for ...