David Paulson, spokesman for the Maryland attorney general's office, said the state will resurrect the issue of federal jurisdiction. State officials contend the Maryland Court of Appeals justices didn't consider a federal law governing sex offenders.
The state attorney general's office maintains that Haines should not have been removed from the sex offender registry because the federal Sex Offender Registration and Notification Act requires him to be on it "irrespective of whether he can be obligated to register under Maryland law," according to a previous motion state lawyers filed.
The federal law was created when the Adam Walsh Child Protection and Safety Act passed in 2006. It spells out "minimum standards" for sex offender registration and notification across the United States, according to the Department of Justice.
The law expanded the range of offenses that require registration, forced sex offenders to make periodic in-person appearances at law enforcement agencies and changed the required minimum duration of registration for sex offenders, according to the justice department.
The state attorney general's office argued that Congress wanted to create a "nationwide public safety system" to ensure all sex offenders register.
Binetti said even if state registration requirements don't apply to people convicted of sex crimes, the department must adhere to the federal law.
Forster has said she doesn't believe the federal law supersedes any state laws or rulings and that the federal act has provisions governing when state and federal registration laws conflict.
The state, Binetti said, will let the appeals process "play itself out."