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OKU v. STATE

No. 59, Sept. Term, 2012.

72 A.3d 538 (2013)

433 Md. 582

Robert OKU v. STATE of Maryland.

Court of Appeals of Maryland.

August 16, 2013.

Attorney(s) appearing for the Case

Binny Miller (American University, Washington College of Law, Criminal Justice Clinic, Washington, DC), on brief, for petitioner.

Daniel Jawor, Asst. Atty. Gen. (Douglas F. Gansler, Atty. Gen. of Maryland, Baltimore, MD), for respondent.

Submitted before BARBERA, C.J., HARRELL, BATTAGLIA, GREENE, ADKINS, McDONALD, and BELL, JJ.

BARBERA, C.J.

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...

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