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Published on March 28, 2024
Illinois Supreme Court Agrees to Hear Jussie Smollett's Appeal on Disorderly Conduct ConvictionSource: Google Street View

The twists and turns in the Jussie Smollett saga continue as the Illinois Supreme Court takes center stage, agreeing to hear the former "Empire" actor's appeal against his disorderly conduct conviction. Smollett, once lauded for his role on the hit TV series, has been maintaining his innocence in the face of accusations that he faked a hate crime against himself back in the frigid January of 2019. This decision from the state's top court may offer Smollett a new chance to plead his case, although the court has not yet scheduled arguments, as reported by Chicago Sun-Times.

The incident, which Smollett reported as a racial and homophobic attack perpetuated by men he claimed were supporters of President Donald Trump, unraveled under police scrutiny. The subsequent legal imbroglio saw Cook County prosecutors dropping the initial charges, only for new charges to arise after a special prosecutor was appointed—a decision leading to Smollett's conviction for orchestrating the hoax. According to CBS reporting, the actor served only six days of a sentenced 150 in jail before being released pending his appeal.

Last year’s Illinois Appellate Court split decision upheld his guilty verdict, but not without a vehement dissent from Justice Freddrenna Lyle, who felt the re-prosecution was "fundamentally unfair." She argued that a "bilateral agreement took place, which bound the state, nonetheless," contradicting fellow Justices David Navarro and Mary Ellen Coghlan who found no issue with the conviction or sentence, Chicago Sun-Times detailed from the court records.

If Smollett's appeal falters in the Illinois Supreme Court, there exists the possibility of taking his Fifth Amendment double jeopardy claim to the U.S. Supreme Court, as signaled by CBS 2 Legal Analyst Irv Miller, who noted Smollett’s lawyers are likely to "exhaust every legal option." The case harkens back to the high-profile flip of a sexual assault conviction of actor Bill Cosby by Pennsylvania’s highest court, something Richard Kling, a professor at Chicago–Kent College of Law, believes could lend weight to Smollett's appeal, as told to the Sun-Times.

The Jussie Smollett case, which has become a cultural and legal flashpoint, continues to spark debate over the nature of hate crimes, the implications of false reporting, and the legal process itself. All eyes are now on the Illinois Supreme Court to see how the latest chapter in this legal drama will unfold.