Oku v. State

This case calls upon us to answer the question of whether a criminal defendant’s inculpatory testimony at his trial in District Court can be used against him by the State, when, upon conviction, the defendant takes an appeal de novo in Circuit Court. As we shall explain, in this case the answer to that question is “yes.”

I

The facts giving rise to this appeal are not complicated. Petitioner Robert Oku was convicted in the District Court of Maryland in Montgomery County, and again in the Circuit Court for Montgomery County, on the charge of second-degree assault. The crime occurred on July 21,…