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:
1-22-0322_Brief_Appendix
1 Comment
Dave
Posted at 11:27h, 03 March“sentence was excessive” Well, yes it was, excessively light for a hate crime!