Jussie Smollett's appeal over hate crime hoax conviction will be heard by Illinois Supreme Court

close

Video

Jussie Smollett hoaxsters reveal when they knew Carlee Russell story was fake

Bola and Ola Osundario react to the Carlee Russell kidnapping hoax on ‘Fox News Saturday Night.’

Actor Jussie Smollett is appealing his 2021 disorderly conduct conviction, and the Illinois Supreme Court is set to hear his case.

According to The Associated Press, the high court accepted Smollett's appeal. There currently is no date set for the Illinois Supreme Court to hear Jussie's appeal, per the outlet. 

Smollett filed a petition on Feb. 5, requesting the Illinois high court intervene in his ongoing legal drama. The "Empire" actor's conviction for a staged hate crime was upheld in December.

Jussie Smollett's appeal is set to be heard by the Illinois Supreme Court. (Nuccio DiNuzzo)

A jury previously found Smollett guilty on five of the six charges of disorderly conduct after a nearly two-week trial in 2021. Smollett, who is Black and gay, reported to Chicago police that he was the victim of a racist and homophobic attack by two men wearing ski masks in January 2019.

HOW JUSSIE SMOLLETT STAGED HIS HATE CRIME HOAX: ACCOMPLICES RETURN TO THE SCENE OF THE CRIME

Smollett was sentenced to 150 days in jail following his conviction. The actor was also sentenced to 30 months felony probation, restitution to the city of Chicago in the amount of $120,106 and a fine of $25,000.

This booking photo provided by the Cook County Sheriff's Office shows Jussie Smollett. A judge sentenced Jussie Smollett to 150 days in jail Thursday, March 10, 2022. (Cook County Sheriff's Office via AP)

CLICK HERE TO SIGN UP FOR THE ENTERTAINMENT NEWSLETTER

The "Empire" actor wants the conviction overturned. 

"What should have been a straightforward case has been complicated by the intersection of politics and public outrage," Smollett’s attorneys wrote in the court filing in February.

Jussie has maintained his innocence throughout the trial, conviction and appeal. (Amy Sussman)

LIKE WHAT YOU’RE READING? CLICK HERE FOR MORE ENTERTAINMENT NEWS

They repeated an argument from previous appeals saying his 2021 trial violated his Fifth Amendment protections against double jeopardy, or being punished twice for the same crime. 

They said he already performed community service and forfeited a $10,000 bond as part of a 2019 deal with the Cook County state’s attorney’s office to drop the initial 16 counts of disorderly conduct.

Jussie Smollett was seen leaving the Leighton Criminal Courthouse with unidentified siblings in Dec. 2021 in Chicago, following a verdict in his trial. (AP Photo/Nam Y. Huh)

CLICK HERE TO GET THE FOX NEWS APP

Smollett's legal team is arguing that the state breached a "nolle prose agreement," or non-prosecution agreement, by indicting him again in the hate crime hoax. 

In the agreement, Smollett had been told he could perform community service and forfeit his bond, and the case would be dismissed — similar to a deferred prosecution. Instead, a grand jury restored the charges in 2020, and he was later convicted.

Fox News Digital's Lauryn Overhultz and The Associated Press contributed to this report.