Jussie Smollett's appeal over hate crime hoax conviction will be heard by Illinois Supreme Court

Actor Jussie Smollett is appealing his 2021 disorderly conduct conviction, and the Illinois Supreme Court is set to hear his case. According to The Associated Press, the high court accepted Smollett's appeal. There currently is no date set for the Illinois Supreme Court to hear Jussie's appeal, per the outlet. Smollett filed a petition on Feb. 5, requesting the Illinois high court intervene in his ongoing legal drama.

The 'Empire' actor wants the conviction overturned. 'What should have been a straightforward case has been complicated by the intersection of politics and public outrage,' Smollett’s attorneys wrote in the court filing in February. They repeated an argument from previous appeals saying his 2021 trial violated his Fifth Amendment protections against double jeopardy, or being punished twice for the same crime. They said he already performed community service and forfeited a $10,000 bond as part of a 2019 deal with the Cook County state’s attorney’s office to drop the initial 16 counts of disorderly conduct.

Smollett's legal team is arguing that the state breached a 'nolle prose agreement,' or non-prosecution agreement, by indicting him again in the hate crime hoax. In the agreement, Smollett had been told he could perform community service and forfeit his bond, and the case would be dismissed — similar to a deferred prosecution. Instead, a grand jury restored the charges in 2020, and he was later convicted.

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