Stubblefield’s attorneys say they anticipate their consumer to be transferred from Corcoran State Jail — the place he has been held for almost 4 years — to the Corridor of Justice in San Jose in time for a Feb. 7 courtroom listening to. They plan to argue for bail and supervised launch, on the grounds that Stubblefield not has a conviction to maintain him incarcerated.
“I’m expecting Dana Stubblefield will be walking out the same door I’m walking out of,” lead protection legal professional Kenneth Rosenfeld stated Friday.
Superior Courtroom Decide Hector Ramon dominated Jan. 17 that he didn’t have jurisdiction to carry a bail listening to for Stubblefield, arguing that the case was nonetheless beneath the purview of the Sixth District Courtroom of Enchantment, which vacated his conviction and sentence Dec. 26.
Ramon contended that his palms have been tied till the appellate courtroom issued a remittitur — a technical ruling that makes the judgment closing and returns jurisdiction — which can not happen sooner than Feb. 25.
Stubblefield’s authorized staff objected to the ruling in a petition to the Sixth District courtroom, which issued its personal ruling Jan. 24 stating that the “court is considering issuing a peremptory writ” that may order Ramon to carry a bail listening to.
Then on Thursday, Deputy Legal professional Normal Moona Nandi — whose workplace represented the Superior Courtroom within the matter — filed a response that amounted to a “full concession” to Stubblefield’s stance that Ramon did certainly have jurisdiction to judge bail.
“Whether to release petitioner pending appeal is a separate, collateral matter from the substance of his appeal, i.e., the validity of his convictions. Respondent court has jurisdiction to consider it,” Nandi wrote in her submitting.
Rosenfeld stated “the law is clear as day,” and that “it was an absolutely incorrect reading of the law” for Stubblefield to be denied a bail listening to.
Within the reversal determination, a three-judge panel for the Sixth District courtroom dominated that Stubblefield’s conviction and 15-year jail time period have been “legally invalid” after discovering {that a} Santa Clara County prosecutor violated the Racial Justice Act when he recommended to jurors in closing arguments that police opted to not search Stubblefield’s dwelling for a gun as a result of he was a well-known Black man.
The panel concluded that due to this, race expressly affected the supply of proof for the jury to think about in figuring out Stubblefield’s guilt. He had been charged with utilizing a gun to threaten after which rape a lady who had come to his Morgan Hill dwelling to interview for a babysitting job in 2015.
Stubblefield — who performed for the 49ers from 1993 to 2001 — and his protection staff have lengthy contended that he engaged in a paid sexual encounter along with his accuser, recognized within the appellate ruling as Jane Doe, and that he initially lied to cowl up the tryst however by no means assaulted her.
The state Legal professional Normal’s Workplace can attraction the Sixth District’s reversal ruling to the California Supreme Courtroom, and whether it is denied or decides towards it, the Santa Clara County District Legal professional’s Workplace must determine whether or not to re-file the costs towards Stubblefield.
However whereas all that’s sorted out, his attorneys insist that he must be freed.
“Our main issue is getting Dana home to his family,” Rosenfeld stated. “This is a man who has been deemed legally innocent. How is he still sitting in prison?”
Initially Revealed: January 31, 2025 at 12:36 PM PST
