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REPORTED IN THE COURT OF SPECIAL APPEALS OF MARYLAND No. 1610 SEPTEMBER TERM, 1998

ON REMAND

PAUL B. GALLAGHER v. OFFICE OF THE ATTORNEY GENERAL ET AL.

*Wenner, Kenney, Bishop, John J. (Ret'd, specially assigned), JJ.

Opinion by Kenney, J.

Filed: December 28, 2001 *Wenner, J., participated in the hearing and conference of this case while an active member of

-1this Court; he participated in the adoption of this opinion as a retired, specially assigned member of this Court.

This case is before this Court on remand from the Court of Appeals. The procedural and factual history of the case is

summarized as follows: Appellant, Paul B. Gallagher, is presently serving a thirtyfour year sentence for of imprisonment fraud was and in the Commonwealth of

Virginia offenses.

securities His

security in

registration part, on an

conviction

based,

investigation conducted by appellee, the Securities Division of the State of Maryland Office of the Attorney General (the

"State").

He has exhausted his direct appeals and is planning Anticipating that

to file a writ of habeas corpus in Virginia.

records compiled during the investigation conducted by the State would "be useful to [his] petition," appellant submitted a request for copies of letters contained in the State's

investigatory file.

The State released 58 of the requested

documents, but withheld 82, claiming that they were exempt under the Maryland Public Information Act (the "MPIA"), Maryland Code (1984, 1996 Repl. Vol., 1998 Cum. Supp.),

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Maryland Law