Oku v. State

72 A.3d 538, 433 Md. 582, 2013 WL 4267182, 2013 Md. LEXIS 563
CourtCourt of Appeals of Maryland
DecidedAugust 16, 2013
DocketNo. 59
StatusPublished
Cited by2 cases

This text of 72 A.3d 538 (Oku v. State) is published on Counsel Stack Legal Research, covering Court of Appeals of Maryland primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Oku v. State, 72 A.3d 538, 433 Md. 582, 2013 WL 4267182, 2013 Md. LEXIS 563 (Md. 2013).

Opinion

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 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, 2011. On that day, Petitioner attacked Santos Mijango in the elevator of Mijango’s apartment building in Silver Spring, Maryland.

Mijango testified at the trial de novo in Circuit Court that Petitioner was inside the elevator when he entered the elevator on the first floor. Before Mijango could press the elevator button for his floor, Petitioner punched the left side of Mijango’s face, then hit him a second time. Mijango fell to the ground. The next thing he remembered was getting up and going to his apartment to find his wife. By the time Mijango and his wife went downstairs to call the police, the police had responded to the lobby of the apartment building. Mijango sustained injuries to his head and face as a result of the altercation.

Petitioner was charged with second-degree assault and reckless endangerment in connection with that incident. The case came on for trial in District Court. At that proceeding, Petitioner, testifying on his own behalf, admitted to having [587]*587punched Mijango.1 Petitioner was convicted of both charges. Petitioner exercised his right, pursuant to Maryland Code (1974, 2013 Repl.Vol.), § 12-401 of the Courts and Judicial Proceedings Article (“CJ”), to have his case tried de novo in the Circuit Court.

Before the start of that trial, Petitioner waived his right to a jury. He also made a motion in limine to have the Circuit Court exclude the testimony he gave at the District Court proceeding. The Circuit Court denied the motion, concluding that the de novo system did not require the court to ignore testimony previously given under oath in a District Court trial, as long as the proper foundation could be laid for its admission.

Mijango, testifying as the State’s sole witness, identified Petitioner as his attacker. The State then moved for the introduction of a certified recording of Petitioner’s testimony from the District Court trial. Petitioner objected, arguing that both the nature of the de novo trial and his Fifth Amendment privilege against compelled self-incrimination barred the State’s use of his testimony in District Court during its case-in-chief. The court overruled the objection, reasoning that the admission of Petitioner’s testimony in District Court did not run afoul of the hearsay rules and, insofar as the court could determine, there was no rule or statute prohibiting the introduction of a defendant’s statement made at a District Court proceeding. At that point, the parties agreed simply to stipulate “that there was a prior trial below at which the defendant testified that he was the person on the elevator, that he struck Mr. Mijango [twice], and that he wasn’t in fear — in other words, there was no self defense issue.”

The Circuit Court granted Petitioner’s motion for judgment of acquittal on the reckless endangerment charge, and, relying [588]*588on Petitioner’s District Court testimony and Mijango’s in-court identification of Petitioner, found him guilty of second-degree assault. Following imposition of sentence on a later date, Petitioner filed a petition for certiorari in this Court, pursuant to CJ §§ 12-305 and 12-307. We issued the writ, Oku v. State, 428 Md. 543, 52 A.3d 978 (2012), to answer the following questions, as posed by Petitioner:

1. Whether Petitioner’s right to a de novo appeal of his District Court conviction under Maryland Code § 12-401 of the Courts and Judicial Proceedings Article was violated when Petitioner’s testimony from the District Court trial was admitted into evidence in his Circuit Court trial, effectively nullifying Petitioner’s ability to have a “second bite at the apple” and relieving the State of its burden to present evidence and prove Petitioner’s guilt beyond a reasonable doubt?
2. Whether Petitioner’s due process rights, as guaranteed by the Fourteenth Amendment to the United States Constitution and Article 24 of the Maryland Declaration of Rights, were violated when Petitioner’s testimony from the District Court trial was admitted into evidence in his Circuit Court trial, thus denying him the full benefit of the process that must be afforded him under the de novo system?

In briefing his argument on the second question, Petitioner set forth three separate grounds in support of why, in his view, the Circuit Court committed legal error in allowing the State to use Petitioner’s inculpatory testimony at his District Court trial during the State’s case-in-chief at the trial de novo. Petitioner grounded his argument on the following constitutionally-based protections: (1) the Fifth Amendment privilege against compelled self-incrimination; (2) the rights to counsel and to present a defense of his choosing, embodied by the Sixth Amendment; and (3) the Fourteenth Amendment entitlement to due process. Petitioner, however, raised in the Circuit Court only the argument based on the Fifth Amendment privilege. He made no mention of either the Sixth Amendment or the Fourteenth Amendment, or any argument [589]*589based on those Constitutional provisions.2 As a consequence, only Petitioner’s Fifth Amendment argument is properly preserved for appellate review, and it is only that argument we shall address. See Md. Rule 8-131(a).

II.

The issues raised by this appeal implicate the de novo system for adjudicating less serious criminal cases in Maryland. We therefore begin by examining that system.

The District Court of Maryland was created in 1971 following ratification of a constitutional amendment by the voters of the state. See Md. Const. Art. IV, §§ 1 and 41A through 41-I; CJ § 1-601 et seq.; Chapter 789 of the Acts of 1969; Chapter 528 of the Acts of 1970. This uniform, limited jurisdiction tier3 of Maryland’s state court system replaced the “hodgepodge of magistrates, justices of the peace, People’s Courts, the Municipal Court of Baltimore City and the Housing Court of Baltimore County.” Thompson v. Giordano, 16 Md.App. 264, 267, 295 A.2d 881 (1972). Yet, the right to a trial de novo in the Circuit Court on appeal from a judgment of a court of limited jurisdiction long predates the inception of the District Court. See, e.g., McDonald v. State, 314 Md. 271, 275, 550 A.2d 696 (1988) (“Historically, review of decisions rendered in courts of limited jurisdiction have been subject to de novo review in the circuit courts.”); Harper v. State, 312 Md. 396, 404-05, 540 A.2d 124 (1988) (“An appeal from a trial [590]

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Cite This Page — Counsel Stack

Bluebook (online)
72 A.3d 538, 433 Md. 582, 2013 WL 4267182, 2013 Md. LEXIS 563, Counsel Stack Legal Research, https://law.counselstack.com/opinion/oku-v-state-md-2013.