Remember Jussie Smollett? Well, his legal saga seems to have taken another turn. Now, he can appeal to the highest court in Illinois. Despite being convicted of fabricating a hate crime, Smollett’s perseverance pays off, with the Supreme Court of Illinois granting his appeal.
This crucial decision means that the state’s top justices will weigh in on the controversy on every headline since 2021. So, his story has been one of many twists and turns, from his defiant stance post-verdict to serving six days behind bars. Even before this huge decision, he was initially handed a loss in an Illinois appeals court when he asked them to handle the case.
Illinois Supreme Court Agrees to Hear Jussie Smollett’s Appeal
As mentioned earlier, Smollett appealed that decision, throwing a Hail Mary and hoping the Supreme Court would hear his appeal. Thankfully, they did. Smollett’s plea is based on a prior deal with prosecutors, promising freedom if he danced to their tune. At that time, they told Smollett to renounce a bond he had paid and do community service.
According to Smollett, he fulfilled his obligations only to face renewed prosecution under a special prosecutor’s scrutiny. Smollett called that “BS.” Despite the special prosecutor’s dismissal of Smollett’s deal and the argument against double jeopardy, the State Supreme Court delved deeper into the matter.
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The special prosecutor asked the State Supreme Court to reject his bid. Through the legal team, Smollett avoided further detention. He used that time to focus on personal growth and efforts beyond the courtroom.
What Happened to Jussie Smollett?
Jussie Smollett’s story began with the backdrop of racial and LGBTQ+ tensions. Initially, he described himself as the victim of a brutal racist and homophobic attack that occurred near his Streeterville apartment on one of the coldest nights of the year in January 2019. This was after he’d strolled several blocks for a Subway sandwich.
Smollett’s report was under police investigation, leading to allegations that he orchestrated the incident. He claimed the two men who assaulted him spewed slurs and swore oaths about being in “MAGA county.”
Notably, MAGA County is an apparent connection to former President Donald Trump’s rallying creed. Collaborating with the Osundairo brothers, he faced charges of fabricating the attack, only to see initial charges dropped by Cook County prosecutors.
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However, another ruling considered the handling of the case inadequate. This led to a new charge and Smollett’s eventual conviction on five counts of disorderly conduct. Moreover, he was sentenced to 150 days in jail.
Jussie Smollett’s Trial Violated His Fifth Amendment Protections
Despite a quick stay behind bars, Smollett kept fighting for vindication. Notably, in a 2-1 decision, an Illinois Appellate Court panel rejected his arguments that his trial violated his Fifth Amendment protections against double jeopardy.
The appeals court decision found that Smollett was not denied due process. Additionally, the court ruled that there was no evidence prosecutors had agreed not to indict Smollett. This was even when the initial charges against him were dropped in exchange for him forfeiting his $10,000 bond and performing 16 hours of community service.
While a majority ruled against him, citing a lack of evidence for prosecutorial immunity, Appellate Justice Freddrenna Lyle’s dissent emphasizes the fierce nature of the case. Lyle argues that Smollett’s reliance on a purported agreement renders the subsequent prosecution unjust.
Should Smollett’s appeal to the Illinois Supreme Court fail, he could take his case to the U.S. Supreme Court since he argues his conviction violates his Fifth Amendment protections against double jeopardy.
According to a report, Legal Analyst Irv Miller said it’s likely Jussie Smollett will tire out every legal option due to the aggressive nature of his attorneys in fighting his conviction. Now that Smollett’s appeal has reached the Illinois Supreme Court, we can say the stakes are higher than ever. The legal battle shows no signs of abating if you ask me.
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