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Maryland Public Information Act — Failure to produce — Diligent efforts

Jermaine Harris, appellant, filed a Maryland Public Information Act (“MPIA”) request with the Wicomico County State’s Attorney Office (the “State’s Attorney”), appellee, seeking the complete file associated with his 2008 conviction for murder in the first degree. In 2018, Mr. Harris acknowledged that, in response to his request, the State’s Attorney had provided the “file except for two items that he [was] aware of.” He first contended that the State’s Attorney failed to provide the “whole interview by [Detective] Larry Corregan with [witness] Mr. Kellam” and, instead, provided a DVD of the interview which “[did] not start at the beginning.” Secondly, he contended that the State’s Attorney withheld a DVD of the interview by Detective Donohoe with witness, Mr. Kellam and his mother. It was the State’s Attorney’s position that they did not possess the two items sought by Mr. Harris.

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