Hearing delayed on ex-49er Dana Stubblefield's potential release after overturned rape conviction

SAN FRANCISCO (KGO) -- Former San Francisco 49er Dana Stubblefield will have to wait several more weeks to find out if he's getting out of prison.

Stubblefield's attorneys were in court Friday asking for their client's release, but the case was continued until Jan. 17 as the court looked to see who had jurisdiction.

An appellate court overturned Stubblefield's rape conviction last week.

RELATED: CA appellate court overturns ex-49er Dana Stubblefield's rape conviction

He was convicted of raping a woman, under threat of a gun who had come to his home to interview for a babysitting job in 2015. His defense team says the judge blocked key police evidence from being admitted.

"The judge in this case allowed that the jury did not hear the truth," said Ken Rosenfeld one of Stubblefield's attorneys.

He was convicted in 2020 but a year after the Racial Justice Act went into effect.

It makes it illegal to convict someone on the basis of race, ethnicity and national origin.

The appellate court ruled that the prosecution violated the act when it said in its closing argument that it didn't search Stubblefield's home for a gun over concerns it would open up "a storm of controversy" amid civil unrest at the time over the police killing of George Floyd.

"The appellate court said here that this was, even if not malicious, a violation of the Racial Justice Act by alluding to Mr. Stubblefield's race without any legal justification," said legal analyst Steven Clark.

RELATED: Former 49ers star Dana Stubblefield sentenced to 15 years to life in prison for Morgan Hill rape

Stubblefield has now been moved from Corcoran State Prison to Elmwood Correctional Facility back in Santa Clara County.

Still, the question in court Friday was whether or not the Santa Clara County Courthouse where the trial was held has jurisdiction to grant Stubblefield's release.

The next move could come from the appellate court when it formally sends the case back to the trial court.

"At that point, a process and a case number will be assigned again to this court," said Allen Sawyer another of his attorneys Friday, "So what the judge question (today) was whether he could do anything before that point."

It will be up to Santa Clara County District Attorney Jeff Rosen to decide if they want to re-try Stubblefield.

In a statement, the office said: "As we study this opinion to determine our next steps, we remain steadfast that Stubblefield remain in custody."

Clark says the overturning of the conviction because of the Racial Justice Act is historic.

"This case will resonate in prosecutors' offices throughout the state when they look at issues involving race and how best to address that to a jury," Clark said.