A California appeals court has decided to grant a request made by Roman Polanski’s lawyer to put in stand-by a hearing concerning the filmmaker’s attempt to have a 1977 rape case dismissed.

Previously, a hearing in the matter had been scheduled to take place at the Los Angeles Superior Court, but Polanski’s lawyer requested that it be put on hold, claiming that the entire court was biased against his client.

Consequently, on Tuesday, the 2nd District Court of Appeal issued the stay as a response to an 11th-hour motion by Polanski's attorney, Chad Hummel.

Roman Polanski, 75, who won an Academy Award back in 2003 for directing the Holocaust drama „The Pianist,” fled the United States in 1978 and settled in France, when he was on the verge of being sentenced for his guilty plea on the charges brought to him, of having had unlawful sex with an underage girl.

Since Polanski is natively from France, he cannot be extradited, still he faces arrest as a fugitive from justice if he ever returns to the U.S. Originally, Polanski  was indicted on six charges, including rape and for having had sex with a 13-year-old girl after he had given her champagne and drugs.

Polanski’s lawyer stated that a neutral judge from outside Los Angeles County should be assigned to handle the case, by virtue of the fact that a Superior Court spokesman had revealed that the filmmaker was required to be present for his hearing, which according to Hummel, is proof of the court being biased.

Samantha Geimer, 45, who is the victim of the rape case, has asked that the charges against the film director be dropped.