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Koo v. McBride

September 3, 1997

YOUNG SOO KOO, PETITIONER-APPELLANT,

v.

DANIEL R. MCBRIDE, SUPERINTENDENT, RESPONDENT-APPELLEE.



Appeal from the United States District Court for the Northern District of Indiana, South Bend Division. No. 95 C 923 Allen Sharp, Judge.

Before POSNER, Chief Judge, and BAUER and RIPPLE, Circuit Judges.

RIPPLE, Circuit Judge.

ARGUED APRIL 15, 1997

DECIDED SEPTEMBER 3, 1997

In 1992, Young Soo Koo was convicted of rape *fn1 and was sentenced to twenty years in prison. After exhausting his state court remedies, on November 13, 1995, Dr. Koo filed a petition for a writ of habeas corpus under 28 U.S.C. sec. 2254 in federal district court. The district court denied his habeas petition but granted a certificate of probable cause. On remand from this court, the district court granted a certificate of appealability on one of the three issues Dr. Koo had raised in his habeas petition. For the reasons set forth in the opinion below, we affirm the district court's denial of Dr. Koo's petition for writ of habeas corpus.

I. BACKGROUND

On July 31, 1992, in Lake County Superior Court, a jury convicted Dr. Young Soo Koo, a family practice physician, of the rape of a patient during her appointment with him to review her recent x-rays. *fn2 His defense at trial was that the victim had hallucinated the event because of her use/abuse of valium and codeine. To rebut that position, the prosecution presented the testimony of two witnesses who described sexual misconduct by the defendant that was similar to that charged by the victim. The state trial court permitted this testimony, after conducting a hearing outside the presence of the jury; however, it cautioned the jury, prior to the testimony and during final instructions, that the evidence was allowed only to weigh the credibility of the victim's statements. Dr. Koo was convicted of the charge of rape and was sentenced to the maximum term of 20 years in prison. His conviction was affirmed on appeal. See Koo v. State, 640 N.E.2d 95 (Ind. Ct. App. 1994). The Supreme Court of Indiana denied review.

Dr. Koo then sought habeas relief in federal court under 28 U.S.C. sec. 2254. In his petition for writ of habeas corpus, Dr. Koo raised due process challenges to the gender-biased jury selection process and to the admission of certain "prior bad acts evidence" in the state trial. He also claimed that the 20-year sentence imposed on him constituted cruel and unusual punishment. The district court reviewed each issue and denied the petition.

II. DISCUSSION

A. Governing Statute

When this case was argued, the circuit had decided in Lindh v. Murphy, 96 F.3d 856 (7th Cir. 1996) (en banc), that the amendments made by the Antiterrorism and Effective Death Penalty Act of 1996 ("AEDPA") to the federal habeas statutes, specifically to chapter 153 of Title 28, applied to cases pending on the date of enactment. We therefore asked that the amicus in this case brief and argue whether the grant of a limited certificate of appealability by the district court constrained the scope of our appellate review under the statute. While this case has been under submission, the Supreme Court of the United States reversed this court's determination in Lindh. The Court instead held that the "statute reveals Congress' intent to apply the amendments to chapter 153 only to such cases as were filed after the statute's enactment." Lindh v. Murphy, 117 S. Ct. 2059, 2063 (1997).

The petitioner filed his petition for a writ of habeas corpus on November 13, 1995, significantly before the effective date of the new legislation, April 24, 1996. This case is therefore governed by the law that was in force prior to the statutory amendments. We therefore have no occasion to reach the issue addressed by the amicus. *fn3

Prior to the new legislation, this circuit, and indeed the other circuits that had addressed the issue, had determined that the appellate jurisdiction of a court of appeals is not cabined by an attempt on the part of the district court to limit the scope of the appeal through the issuance of a certificate of probable cause limited to the particular issue. See Smith v. Chrans, 836 F.2d 1076 (7th Cir. 1988) (per curiam) (holding that a district court's limitation on a certificate of probable cause has no legal effect on the scope of the appeal and discussing authorities in other circuits). Because we must apply this law in this case, we shall address not only the issue mentioned by the ...


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