On Wednesday, Jussie Smollett’s attorneys appealed his conviction to prevent him from being sent back to jail on charges of fabricating a hate crime.
Last year in August, Smollet’s attorneys were supposed to file his appellate brief but were granted five extensions after Smollett only served six days of the 150-day sentence.
In December 2021, Smollett was convicted for lying to police after claiming two men assaulted him with homophobic and racist slurs, poured chemical substances on him, and tied him up.
It was eventually concluded that Smollett had paid two men $3,500 to orchestrate the attack after initially examining the case as an actual hate crime.
His attorneys argued that his prosecution had breached his right to due process, partly by not upholding what they described as a legally-binding non-prosecution agreement.
Smollett contends, among other things, that his sentence was harsh, that he was the victim of double jeopardy, and that the appointment of a special prosecutor was inappropriate.
The state’s attorney’s office swiftly withdrew the 16 counts against Smollett that were previously brought against him in 2019. After the widespread protest, a different judge ordered the appointment of a special prosecutor who reopened the charges.
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