Jussie Smollett’s Appeal To Overturn His 150-Day Jail Sentence Has Been Denied

Jussie Smollett

Jussie Smollett’s Appeal To Overturn His 150-Day Jail Sentence Has Been Denied

TV actor Jussie Smollett recently took another hit in his pursuit to avoid jail time.

According to reports, the 41-year-old will still be required to serve the remainder of his 150-day prison sentence after a court judge denied his appeal to over rule the conviction.

As we’ve previously reported, Jussie Smollett has been legally fighting to change his sentencing since earlier this year. His legal team reportedly argues that the entertainer’s crime is being unlawfully handled, claiming that his protection from double jeopardy under the 5th amendment is being violated. If you recall, the “Empire” star was found guilty back in December if 2021 of staging a hate crime against himself, though the initial 16 felony charges filed against him were eventually dropped.

Subsequently, the city of Chicago where the hoax took place filed new charges, leading to Smollett being convicted on five counts of disorderly conduct and given the 150-day prison sentence. The actor’s lawyers filed an appeal for a new trial shortly after, which was ultimately denied. Smollett went on to serve six days behind bars before he was released while waiting on a decision from his appeal. 

In the most recent appeal, his attorney’s reportedly added that since Smollett forfeited his $10,000 bond payment and agreed to complete 16 hours of community service following the dropped charges, he should have never received a second conviction on the same crime. However, the appeals court reportedly ruled 2-1 that he was not denied due process and, “given the absence of a non-prosecution agreement from [the Cook County State’s attorney], re-prosecuting was not fundamentally unfair”, upholding the original conviction and sentencing.

Jussie Smollett

The report notes that Smollett’s lawyers can request an appeal hearing from the Illinois Supreme Court. Otherwise, he will be required to surrender for the remaining 144 days he must spend behind bars.

[VIA]

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