James J. Filiaggi v. Margaret Bagley, Warden

*853OPINION

ALICE M. BATCHELDER, Circuit Judge.

Petitioner James J. Filiaggi, an Ohio death-row prisoner, appeals a district court order denying his petition for a writ of habeas corpus under 28 U.S.C. § 2254. The district court granted a certificate of appealability (“COA”) on two claims. In his first claim, Filiaggi argues that his jury waiver was invalid because he was incompetent at the time it was made and because the trial court did not engage him in an adequate colloquy. Second, Filiaggi argues that the trial court should have found him incompetent during his trial. Because we conclude that…