Jussie Smollett conviction overturned by Illinois Supreme Court

close Video Brothers break silence on Jussie Smollett hate crime hoax

Fox Nation revisits the infamous Jussie Smollett hoax with brothers Olabinjo and Abimbola Osundairo, who were hired to 'beat up' Smollett. The brothers and their attorney, Gloria Rodriguez, discuss the case.

The Illinois Supreme Court overturned Jussie Smollett's hate crime hoax conviction Thursday.

"Today we resolve a question about the State’s responsibility to honor the agreements it makes with defendants," the court wrote in documents obtained by Fox News Digital. "Specifically, we address whether a dismissal of a case by nolle prosequi allows the State to bring a second prosecution when the dismissal was entered as part of an agreement with the defendant and the defendant has performed his part of the bargain. We hold that a second prosecution under these circumstances is a due process violation, and we therefore reverse defendant’s conviction."

Charges against Smollett were originally dropped. After special prosecutor Kim Foxx requested a new inquiry, the "Empire" star was convicted on five felony counts and later sentenced to 150 days in county jail. The Illinois Supreme Court decided that the special prosecutor's decision to retry Smollett on charges violated his rights.

Jussie Smollett's conviction was overturned by the Illinois Supreme Court. (Nuccio DiNuzzo)

"Today we resolve a question about the State's responsibility to honor the agreements it makes with defendants," Mark Geragos, Smollett's lawyer, told Fox News Digital. "We hold that a second prosecution under these circumstances is a due process violation, and we therefore reverse defendant's conviction."

This is a developing story. Check back for updates.



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