Smollett Released on Appeal
Jussie Smollett
Jussie Smollett was released from jail last night while he appeals his convictions.
The action was ordered by a three-judge panel of the First District Court of Appeals, six days after the actor was sentenced to five months in the Cook County jail. Smollett’s attorneys filed their appeal the same day of his conviction.
The appeals court found that “the defendant has been convicted of non-violent offenses and that this court will be unable to dispose of the instant appeal before the defendant would have served his entire sentence of incarceration,” stated the order drafted by appellate justices Thomas E. Hoffman and Joy Cunningham states.
“It is hereby ordered that the motion of the defendant, Jussie Smollett, to stay his sentence of incarceration and to grant him a bond pending the disposition of his appeal or until further order of this court is granted.”
Jussie Smollett released from jail: Will he successfully appeal conviction? Legal experts weigh in
A panel of three appellate judges ruled 2-1 on Wednesday in favor of releasing the former ‘Empire’ star
By Julius Young
What’s next for Jussie Smollett after his release from jail on Wednesday? Several legal experts gave their opinions in interviews with Fox News Digital.
Smollett was granted a release on bond from the Cook County Jail in Illinois pending the appeal of his conviction. A panel of three appellate judges came down with the ruling in a 2-1 decision granting the former “Empire” star’s release after posting a personal recognizance bond of $150,000.
It is nearly the amount of the $120,106 restitution Smollett was ordered to repay after he was convicted of lying to Chicago police about being the victim of a hate crime in 2019.
As the appellate judges have released Smollett on his own recognizance, he will not fork over any of the amounts so long as he agrees to appear in court as required.
The legal experts who weighed in on the court’s decision as news of Smollett’s release swiftly spread raised questions as to why the three-judge panel elected to spring the actor from jail, as well as what this could potentially mean for his conviction appeal.
Clear the smoke and the basis of the appeal concerns Smollett’s Fifth Amendment rights against double jeopardy. This hangs on Cook County State’s Attorney Kim Foxx’s dropping all initial charges against him in exchange for his performing community service.
Her decision was criticized by then-Chicago Mayor Rahm Emanuel, who called the dropping of charges a *cough* “whitewashing of justice.” Chicago’s chapter of the Fraternal Order of Police called for Foxx to step down from her post.
Smollett was eventually indicted for a second time on six charges of felony disorderly conduct after after a special prosecutor discovered additional evidence against him. Hence the double jeopardy appeal.
Because of Foxx’s mishandling of the original case against Smollett, his current convictions may well be overturned.
Category: Crime, Legal, The Constitution
You will never see him back in jail again. Appeal with the video evidence against him. Guess it won’t count
Yep, you’re spot on Jeff. We called it when the case FIRST came to “light”. What gets me is this whole “innocent” plea when the evidence is overwhelming that this twerp is guilty as all hell of what he was tried and convicted for. If it had of been a white 3rd rate actor that made false accusations that 2 blacks had set upon him, he’d still be in prison.
I’m sure that anyone appealing with the evidence against him will be replied to with a turbocharged bawl-fest from Smollett throwing his cards and launching the labels of “racist” and “homophobe” among others with the liberal sniveling sycophants in the news media parroting his talking points.
No Manlove Thursday with Jussie? The inmates will be disappointed.
He’s a black gay Celebrity who flashes his ACME® Race and Victim Cards ™ to skate out from the consequences of a CON JOB he did to smear those of another race and political persuasion, IMHO the LITTLE SHIT is little more than a Bernathian-Phildo-Giduck grade of scumbag.
Good points.. think this warrants unleashing the asteroid of insults on this fool? or Foxx? of the three judge panel (two of em anyway)?
Yes! Yes! and sure why not…YES!!! Just in case 3 “Likes” doesn’t equate to a “Second”, an “Aye”, and a “DO IT BAYBEE”, I’ll just leave this here…AYE! (leaving the SEGUNDO for Pappy, The Stranger)
ps…we still need a ruling and/or an AYE for the lying fake marine (sic) skrunt on the other thread.
“Because of Foxx’s mishandling of the original case against Smollett”
If by “mishandling” you mean that she incompetently screwed it up, i disagree. She knew damn well what she was doing, and it was completely racist and intentional.
So, you are saying that Foxx intentionally screwed the pooch so that Jussie can traipse free? It wouldn’t be the first time.
WTF
Welcome back.
Foxx’s mishandling shouldn’t be considered on appeal, it was a political decision outside of sentencing guidelines. Even the Cops have thrown a flag on that play.
Honestly if the DoJ, or at least the State AG, isn’t investigating malfeasance shame on them. Considering where we were at that time and the impact this liar could’ve caused… a baseline of acceptable behavior needs to be reestablished or things can get way, way worserer. You’ve been warned, dicks.
Also, I don’t have a problem with a release on appeal (8A FTW!), but the RoR with a $150k backer? That’s BS. The whole idea of bail is to give a person pause on flight. This moron has had a silver spoon up his ass since birth and presumably has many well-heeled friends in non-extradition countries.
Cash-only bail shoulda had 2 commas, imho.
He seems like the trustworthy type.
You really need some of these on that comment, 5JC:
😜 😜 😜
Yup, you can rely upon Juicy’s word, especially when he is under oath. You can take it to the bank. It’s not like he would commit a crime for financial gain and fame. If his conviction is affirmed on appeal, I can’t believe he would jump on a private jet and fly off to someplace like Brazil or that socialist paradise, Cuba.
So what now, will Jussie Smollett beat himself up yet again for more attention?
API: Yep…😆😅🤣😂
“in exchange for his performing community service”
I thought he was in a psycho ward because he was in danger
of offing himself. Now that would be doing a service for the community.
Gonna be harder to blame the jail when he doesn’t commit suicide now.
This is a very interesting article covering his release…Well worth reading:
“Jussie Smollett’s Legal Win Sees Him Dodge Weeks In Cook County Jail — At Least For Now”
https://www.chicagotribune.com/news/criminal-justice/ct-jussie-smollett-jail-release-appeal-20220317-pfvcqwfjurcbjmwul7wsz4lnvi-story.html
Some excerpts from the article:
“Smollett walked out of custody Wednesday evening after two appeals court judges agreed his 150-day jail sentence should be put on hold while his appeal is pending. That decision, however, applied only to Smollett’s jail sentence, which Linn had ordered would begin immediately, perhaps anticipating the appeal move and ensuring Smollett spend at least some days behind bars. The actor still must serve the 30-month probation term while his case makes its way through the higher courts, and he is still on the hook to pay more than $120,000 in restitution…”
Continued:
“The conditions of Smollett’s probation are relatively lenient. He can travel without restriction and may report by phone instead of showing up in person…”
“Meanwhile, the restitution money is not due for 30 months…and the appeals process may well have run its course before then. In general, appeals can take months if not years to fully resolve, especially if efforts are made to take them beyond the appellate level to the state Supreme Court.”
“In the coming months, the higher court could read and consider briefings from both sides, and may request to hear oral arguments before making a decision. Smollett will stay free at least until then.”
“The one-page order issued by the Illinois Appellate Court stated that Smollett was to be released from Cook County Jail after signing a $150,000 recognizance bond, which would not require him to post any money.”
Continued:
“Wednesday night outside the jail, Smollett’s attorneys focused largely on an argument that Smollett’s second prosecution violated his rights against double jeopardy.
“In this country, you cannot punish a person twice, and while everyone was focused on the sensationalism surrounding this case, people were not focused on the constitutionality of the prosecution,” attorney Nenye Uche said. “It is unconstitutional to charge someone twice.”
“Potentially complicating the matter: There was no judge’s order concretely defining the $10,000 as a fine or restitution, and Smollett’s prior legal team in 2019 denied that any quid pro quo deal was made with prosecutors, saying charges were dropped outright and Smollett voluntarily gave up the money simply so he could move on with his life.”
“Smollett’s attorneys have also recently argued that the initial dismissal of charges amounted to an immunity deal, or a contract with the state that the second prosecution violated.”
Continued:
“Attorneys said Wednesday night they were hopeful that the higher court would focus on the legal issues, not the media firestorm or the potential politics of the high-profile case.”
“There is no room for politics in our court system, and our appellate courts in this great state do not play politics,” Uche told reporters.”
I bet at some point he will hear the words
“time served” followed by a gavel being slammed against wood.
With a good bankruptcy lawer, Juicy can manipulate his assets so that the city can never recover on that restitution order before he files BK and discharges the judgment.
Anyway, prosecutors are lazy when it comes to collecting restitution judgments. I had a particularly incompetent, malign Chief Counsel as a boss who had been ordered to do restitution recoveries as retribution for backing the unsuccessful candidate for District Attorney, in his last job. He was totally clueless about debt/judgment collection procedures.
“The three-judge panel was split 2-1, with Justices Thomas Hoffman and Joy Cunningham agreeing to grant the motion. The only explanation offered in the order was that Smollett has never been convicted of a violent offense and would have completed his sentence of incarceration well before his appeal is decided.”
“In dissent, Justice Maureen Connors wrote only that she would “deny this motion.”
Justice Thomas E. Hoffman:
https://www.illinoiscourts.gov/justice/11/Thomas-E-Hoffman/justice/
Justice Joy V. Cunningham:
https://www.illinoiscourts.gov/justice/4/Joy-V-Cunningham/justice/
Justice Maureen E. Connors:
https://www.illinoiscourts.gov/justice/3/Maureen-E-Connors/justice/
“Smollett had not eaten anything since entering jail six days ago, according to Smollett’s lawyer, Nenye Uche; he only drank ice-cold water.”
Had he been in General Population, he would have been forced on a “different” liquid diet with a party in the rear.
That would not have really bothered him much, given that he is a cocksmoker.
Think he got prison tat’s yet?
Jussie Smollett: A Spoiled Arrogant BRAT who has Narcissistic Personality Disorder.
Folks that have Narcissistic Personality Disorder never take responsibility. They blame others for their faults/failures. They think they are better than others. They lack empathy for others. They love, crave and seek attention. They are self-centered, selfish, demanding and manipulative. They are Embellishers and/or Habitual Liars.
Some other examples of Spoiled Brats With Narcisstic Personality Disorder:
* Joe Biden
* Ted Kennedy
* OJ Simpson
* Hillary Clinton
* Bill Clinton
Some of them get away with crimes or actions that the average American could not get away with (See above list). Money Talks.
Feel free to add to the list…(3, 2, 1…Do you think anyone is gonna write DJT?😉😎)
The 5th Amendment: No person shall … be subject for the same offence [sic] to be twice put in jeopardy of life or limb.”
That’s usually rendered in the shorthand: “You cannot be tried twice for the same offense.”
And that leads to the question: “When were you tried for the first time?”
A trial commences for the purpose of establishing that the defendant is in jeopardy:
Jury Trial – When the jury is sworn.
Bench Trial (trial by judge alone) – When the first witness who will testify to the general issue of guilt is sworn.
In either of the above cases “the trial has begun” and regardless of the outcome, the defendant cannot be retried for the same offense. In lawyer talk “Jeopardy has attached.”
So I would ask the three learned judges who released Jussie Smollett: “When was he tried the first time?”
The above is all correct of course.
If Smollett had a plea agreement in place under Foxx that was signed by a judge that would hold up, barring any charges that were not disposed of. Because he would have been punished. But she dropped all charges instead, proving that even when she is selling out she is incompetent.
It is up to his lawyers to present evidence that he was punished already.
You cannot be tried twice for the same offense in the same jurisdiction.
You Be The Judge.
That is in the top ten of Juicy memes.
I for one, just cannot sleep at night knowing that Jussie Smollett’s attacker is out on bail.
I have no doubt that foxx purposely screwed the case in order to allow “justice” for smollet’s assailant….
I’m just praying that Karma is over in the corner sharpening it’s fangs, Biden it’s time. LOL Biden, GET IT?!?!?
(Yeah, that too fuckers.)