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Jussie Smollett’s conviction has been overturned by the Illinois Supreme Court
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Jussie Smollett’s conviction has been overturned by the Illinois Supreme Court

The Illinois Supreme Court on Thursday overturned Jussie Smollett’s conviction.

“Today we resolve a question about the state’s responsibility to fulfill the agreements it makes with suspects,” the court wrote in documents obtained by Fox News Digital. “Specifically, we examine whether a dismissal of a case by nolle prosequi allows the state to bring a second prosecution when the dismissal was entered into as part of an agreement with the defendant and the defendant has fulfilled his part of the bargain. We believe that a second prosecution under these circumstances is a violation of due process, and we therefore revoke the defendant’s conviction.”

Smollett, who is black and gay, reported to Chicago police that he was a victim a racist and homophobic attack by two men wearing ski masks in January 2019.

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Jussie Smollett appears in court

Jussie Smollett’s conviction was overturned by the Illinois Supreme Court. (Nuccio DiNuzzo)

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The charges against Smollett were originally dropped. After special prosecutor Kim Foxx requested a new investigation, the ‘Empire’ star was convicted of five felonies and later sentenced to 150 days in jail. The Illinois Supreme Court ruled Thursday that the special prosecutor’s decision to retry Smollett on the charges was a violation of his rights.

“Today we resolve a question about the state’s responsibility to honor the agreements it makes with defendants,” Mark Geragos, Smollett’s attorney, told Fox News Digital. “We believe that a second prosecution under these circumstances would be a violation of due process, and we therefore reverse the defendant’s conviction.”

Smollett filed a petition on February 5, asking the Illinois Supreme Court to intervene in his ongoing legal drama. The actor’s conviction for a staged hate crime was upheld in December.

“What should have been a simple case was complicated by the intersection of politics and public outcry,” Smollett’s attorneys wrote in the February petition.

READ THE STATEMENT:

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Jussie Smollett posts a photo from prison

This booking photo provided by the Cook County Sheriff’s Office shows Jussie Smollett. (Cook County Sheriff’s Office via AP)

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Jussie Smollett Court

Jussie Smollett was originally sentenced to 150 days in jail. (Brian Cassella/Chicago Tribune via AP)

They repeated an argument from previous appeals that said his 2021 trial violated the Fifth Amendment’s protections against double jeopardy, or punished twice for the same crime. They said he had already performed community service and forfeited a $10,000 bond as part of a 2019 deal with the Cook County Prosecutor’s Office to drop the first 16 disorderly conduct charges.

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Smollett’s legal team argued that the state violated a “nolle prose agreement,” or non-prosecution agreement, by charging him again in the hate crime hoax. In the agreement, Smollett was told he could perform community service, forfeit his bond and have the case dismissed – similar to a deferred prosecution. Instead, a grand jury reinstated the charges in 2020, and he was later convicted.

Jussie Smollett court sketch

This courtroom sketch features actor Jussie Smollett as a jury finds him guilty on five of six charges that he committed a racist, anti-gay attack on himself and lied to police about it. (AP Photo/Cheryl Cook)

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The Associated Press contributed to this report.