Chicago City Wire

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


This story was originally published by Edgar County Watchdogs. Read the original HERE.