Oku v. State, 433 Md. 582

Oku convicted in District Court of Montgomery County for second-degree assault and reckless endangerment; appealed de novo to Circuit Court; district testimony included an inculpatory admission that he punched the victim; circuit court admitted a certified recording of the District Court testimony over objection; trial de novo proceeded with new evidence and no automatic disregard of District Court testimony; issue framed around whether de novo system allows use of prior testimony and whether Fifth Amendment rights apply; holding that de novo does not require excluding the District Court admission and that Fifth Amendment does not bar its use in the de novo trial; judgment affirmed.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether de novo use of District Court testimony violates de novo rights	Oku argues admission undermines de novo goal	State asserts admissibility under de novo rules	Yes, de novo allows use of prior testimony (no exclusion)
Whether use of District Court testimony violates due process	Oku claims due process denied full de novo benefits	State contends de novo preserves process and protections	No due process violation; de novo framework intact
Whether Fifth Amendment privilege is violated	Waiver in District Court should not bind de novo	Waiver applies; prior testimony admissible	No Fifth Amendment violation; waiver preserved; admissibility allowed

Hardy v. State, 279 Md. 489 (Md. 1977) (de novo appeal treated as original circuit proceeding; right to jury trial in de novo)
Garrison v. State, 350 Md. 128 (Md. 1998) (de novo is a new hearing; no deference to lower court findings)
Marcus J., 405 Md. 221 (Md. 2008) (de novo is a fresh finder of fact; new evidence allowed)
Colten v. Kentucky, 407 U.S. 104 (U.S. 1972) (two-tier system; prosection and defense begin anew)
Lydon, Boston Mun. Ct. v. Lydon (466 U.S. 294) (cited for two-tier system advantages (descriptive))