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Illinois Supreme Court Overturns Jussie Smollett's Conviction, Citing Improper Second Prosecution

Nov 21, 2024, 04:13 PM

The Illinois Supreme Court has overturned the conviction of actor Jussie Smollett, who was previously found guilty of staging a racist and homophobic attack against himself in 2019 and lying to police. In its ruling issued Thursday, the court held that the second prosecution violated due process, as prosecutors had improperly charged Smollett a second time after Cook County State's Attorney Kim Foxx's office initially dismissed the charges. Smollett was originally convicted in December 2021 on five felony counts of disorderly conduct. His attorneys argued that appointing a special prosecutor after the initial dismissal was improper, and the court agreed. Smollett's attorney stated, "This was not a prosecution based on facts, rather it was a vindictive persecution and such a proceeding has no place in our criminal justice system." The decision effectively dismisses Smollett's case and vacates his previous convictions.