Smollett will not have to serve remaining 150 day jail term.
The Illinois Supreme Court has reversed actor Jussie Smollett’s conviction in the 2021 hate crime hoax against him, stating that the second prosecution against Smollett was a "due process violation." Smollett will not have to serve remaining 150 day jail term. He served 6 days so far.
The court wrote in its opinion, "Today we resolve a question about the State’s responsibility to honor the agreements it makes with defendants. Specifically, we address whether a dismissal of a case by nolle prosequi allows the State to bring a second prosecution when the dismissal was entered as part of an agreement with the defendant and the defendant has performed his part of the bargain. We hold that a second prosecution under these circumstances is a due process violation, and we therefore reverse defendant’s conviction."
The court added in its conclusion, "We reverse the judgment of the appellate court, reverse the judgment of the circuit court, and remand the cause with directions for the circuit court to enter a judgment of dismissal."
Smollett brought his case to the state's high court in September in an attempt to get his 2021 conviction overturned, per WGN9.
Smollett’s lawyers claimed that his conviction violated their client’s Fifth Amendment rights against double jeopardy, and that Smollett had reached an agreement to drop the charges with Cook County State’s Attorney Kim Foxx in 2019 in exchange for $10,000 bond and community service.
Smollett had been convicted after a 2021 trial of five of six counts of felony disorderly conduct relating to lying to the police about an alleged hate crime attack that took place in January of 2019. Smollett had claimed that he had been attacked in the street by the MAGA hat-wearing white men that poured bleach on him, used a rope fashioned into a noose, and hurled racist and homophobic insults at him, but it was revealed that Smollett had hired brothers Olabinjo and Abimbola Osundairo to stage the attack.
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