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May 17, 2024

Jussie Smollett’s Brief and Arguments Filed In Appeal Of His Conviction –

By John Kraft & Kirk Allen

On March 2, 2023

Chicago,  IL. (ECWd) –

Attorneys for Jussie Smollett filed their 102-page brief and arguments yesterday, appealing his conviction.

Some key points argued from the Brief:

  • the renewed prosecution violated his due process rights because he fully performed his part of a non-prosecution agreement and forfeiting his $10,000 bail
  • the state kept the bail without performing its end of the bargain
  • the second indictment and additional punishment violated his double jeopardy protections against multiple punishments because he was already punished pursuant to the non-prosecution agreement
  • it was invalid because of lack of statutory authority to appoint a private special prosecutor where there were public agencies willing and able to accept the appointment
  • 14th and 6th amendment violations during the trial for holding an evidentiary hearing on attorney conflict when no conflict was ever disclosed, and by preventing lead defense council from cross-examining the prosecutor’s star witness
  • court committed reversible error because it violated Supreme Court Rules 412 and 431
  • failing to give accomplice jury instructions
  • sentence was excessive
  • violation of his 14th amendment rights to due process and equal protection under the law by striking all but one African American from the jury and striking a juror with similar sexual orientation as defendant
  • other specific items

Read all of it below:



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1 Comment
  • Dave
    Posted at 11:27h, 03 March

    “sentence was excessive” Well, yes it was, excessively light for a hate crime!