Jussie Smollett appeals hoax hate crime conviction

Chicago, Illinois - Empire star Jussie Smollett has filed an appeal of his 2021 conviction for faking a hate crime attack in Chicago.

Jussie Smollett is fighting his sentence for allegedly staging a hoax crime in 2019.
Jussie Smollett is fighting his sentence for allegedly staging a hoax crime in 2019.  © LEON BENNETT / GETTY IMAGES NORTH AMERICA / GETTY IMAGES VIA AFP

On Thursday, Deadline confirmed that the 40-year-old actor's lawyers have officially filed an appeal to his 150-day jail sentence.

"The renewed prosecution of Mr. Smollett violated his due process rights," lawyer Heather Widell stated in court docs obtained by the site.

"(1) Mr. Smollett fully performed his part of a non-prosecution agreement with the state by performing community service and forfeiting his $10,000 bail bond; and (2) the state benefited from taking and keeping Mr. Smollett’s bail bond without performing its end of the bargain," the docs continued.

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"Thus, the violation of due process was prejudicial and requires reversal of Mr. Smollett's convictions and a dismissal of the charges against him," the filing further stated, and also cited double-jeopardy protection tied to the actor being "punished for the same offenses by his performance of community service and forfeiture of his bond."

In December 2021, the Alien: Covenant star was found guilty on five of six counts of disorderly conduct for lying to police regarding an attack he claimed occurred in January 2019. The Osundairo brothers told authorities and the jury Smollett paid them to stage an attack on him as some sort of publicity stunt.

Last year, Smollett was granted a release from Cook County Jail after being sentenced to serve 150 days. He served just 6 days behind bars after the Illinois Appellate Court granted a stay of the sentence, on the condition that he post a $150,000 bond, and pending an appeal.

His attorneys were originally due to file his appeal in August, but have reportedly been given five extensions of the deadline.

Cover photo: LEON BENNETT / GETTY IMAGES NORTH AMERICA / GETTY IMAGES VIA AFP

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