Simon Pirela v. Comm of PA Dept of Corr

OPINION *

CHAGARES, Circuit Judge.

Simon Pirela was convicted of murder after a bench trial. He appeals the District Court’s denial of his petition for habeas corpus, which relied on the grounds of involuntary jury waiver and ineffective assistance of counsel. We will affirm.

I

A.1

In the early morning hours of May 5, 1981, Miguel Pirela, Carlos Tirado, and Pablo Ortiz shot heroin together. After returning home, Miguel Pirela died of a drag overdose. Miguel’s brother, Simon Pirela, visited Ortiz’s home later that day and announced to Ortiz’s family that either Ortiz or Tirado “had to go” because…