Jussie Smollett’s Appeal Reaches Illinois Supreme Court

Actor Jussie Smollett is led out of the courtroom after being sentenced at the Leighton Criminal Court Building, Thursday, March 10, 2022, in Chicago. Jussie Smollett maintained his innocence during his sentencing hearing Thursday after a judge sentenced the former “Empire” actor to 150 days in jail for lying to police about a racist and homophobic attack that he orchestrated himself.(Brian Cassella/Chicago Tribune via AP, Pool)

A special prosecutor has urged the Illinois Supreme Court to dismiss Jussie Smollett’s appeal of his conviction on five counts of disorderly conduct stemming from a hate crime hoax in 2021.

Smollett, convicted of falsely reporting a hate crime to the police, sought to appeal his case to the Illinois state supreme court. However, Dan Webb, the prosecutor who handled Smollett’s case, contends that the grounds for his appeal lack merit.

According to Webb, Smollett’s claim of striking a deal with the Cook County State’s Attorney’s Office, where charges would be dropped in exchange for community service and forfeiture of bond, is baseless. Webb dismissed the alleged deal as “imaginary,” asserting that Smollett misunderstands the legal process. Additionally, Webb refuted Smollett’s assertion of double jeopardy, stating that it does not apply in this instance.

Court documents obtained by TMZ on Monday revealed that the special prosecutor emphasized that double jeopardy only comes into play after a trial and possible conviction.

The documents underscore the argument that Smollett’s case does not warrant an appeal and that he should serve his 150-day sentence, of which he has served only six days thus far.

In December, following Smollett’s initial appeal in 2021 and after serving six days in jail, he was scheduled to return to jail as the appeals court upheld his conviction.