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From Chicago’s WGNTV.com: The Illinois Supreme Court has reversed the conviction of actor Jussie Smollett.
The former “Empire” actor took his case to the Illinois Supreme Court in September in a last-ditch effort to have his 2021 conviction overturned.
A statement from the IL Supreme Court on Thursday said: “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.”
Smollett was convicted of falsely reporting a 2019 hate crime against him. Smollett, who is Black and gay, alleged his attackers shouted racist and homophobic slurs at him before putting a noose around his neck on a Chicago street.
In December 2021, Smollett was found guilty of staging the attack and testimony showed that he paid two Nigerian brothers to carry out the scheme.
Smollett received a 150-day jail sentence, but has only spent 6 days behind bars as he has been appealing the case. His sentence also included 30 months of probation and he was ordered to pay more than $130,000 in restitution.
The Illinois Supreme Court ruling is reportedly in response to Smollett’s argument that the case should have been over after Cook County State’s Attorney Kim Foxx had struck a deal to drop the charges. Therefore, Smollett claims the special prosecutor who re-investigated the case and re-indicted him a year later was wrongfully appointed, the Chicago Sun Times explained.
Smollett has defiantly claimed the attack was real and not staged.
However, the state court’s ruling reportedly does not appear to take his side on that matter, but the conviction has been overturned on a technicality issue, all over the deal Foxx had made with Smollett earlier.
The Court has simply ruled that Smollett’s rights were violated when the prosecutor proceeded to try him after Foxx had initially dropped the charges.
Below is the Court’s ruling:
People v. Jussie Smollett o… by Sean Gubitosi
#JussieSmollett‘s conviction in the hate crime hoax case is now reversed. #HarveyLevin breaks down all we know. Full article here 👉https://t.co/9yzd95Ipu5 pic.twitter.com/FbaK1oYjx8
— TMZ (@TMZ) November 21, 2024
JUST IN: In a blockbuster ruling Thursday, the state Supreme Court overturned the conviction of actor Jussie Smollett for an alleged 2019 hoax hate crime. https://t.co/L49rTNgBI2
— Chicago Sun-Times (@Suntimes) November 21, 2024
Here’s that black privilege people keep saying doesn’t exist…….
Illinois Supreme Court overturns actor Jussie Smollett’s 2019 conviction on allegations of staging a racist and homophobic attack against himself.
— Spitfire (@DogRightGirl) November 21, 2024
JUST IN: The Illinois Supreme Court has thrown out former “Empire” actor Jussie Smollett’s conviction for lying about a 2019 hate crime.
Smollett was found guilty in 2021 for faking a racist and homophobic attack and lying to the police. https://t.co/BfjmHol9UT pic.twitter.com/iljtnCN2RK
— ABC News (@ABC) November 21, 2024
#BREAKING: Illinois Supreme Court reverses actor Jussie Smollett’s conviction https://t.co/XaVtqZAiWM
— WGN TV News (@WGNNews) November 21, 2024
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