Jussie Smollett loses bid to have new case dropped on double-jeopardy grounds

[AKing]

Source: Chicago Tribune

Jussie Smollett’s new criminal charges do not violate his right against double jeopardy, a Cook County judge ruled Friday.

The unusual end to Smollett’s case last year — in which the actor entered an informal arrangement to forfeit his $10,000 bond, with no admission of wrongdoing, in exchange for his charges being dropped — does not count as criminal punishment, Judge James Linn ruled.

“You cannot have any criminal penalty, whether it’s jail, probation, conditional discharge … none of that can be ordered on the innocent or presumed innocent or the unadjudicated,” Linn said in denying the defense’s request to throw out the case.

In addition, Linn noted Smollett’s new case was brought after a different judge ruled that the first prosecution was void in its entirety. That came after Cook County State’s Attorney Kim Foxx improperly recused herself, the judge said.

Read more: https://www.chicagotribune.com/news/criminal-justice/ct-jussie-smollett-double-jeopardy-hearing-20200612-blh45utwmjhdnoebvslqmxofaa-story.html

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Why do I have this feeling that Smollet is going to try to claim he's being singled out or tie it to the protests?

[oldsoftie]

1. NOT a good time for him to be back in the news. Plenty of REAL victims to be heard.

This con man needs to get his just punishment.

[LuvNewcastle]

2. Events aren't working out in his favor.

If I were him, I’d be thinking about a plea.

[JonLP24]

3. I have no idea what he is going to try to do

I know the right wing has been obsessed with this story as if it proves racism is made up. This is like the backwards B girl.

[Devil Child]

4. In my best Nelson from the Simpsons impersonation: "HA HA!"

[rocktivity]

5. Double jepoardy is for those who are acquitted. Not only was Jussie not acquitted,

Last edited Fri Apr 12, 2024, 05:20 PM - Edit history (31)

there WASN'T a trial!

Doing community service and/or giving up bail in exchange for the charges being dropped (no matter how informally) is a plea deal. And ALL plea deals are convictions, since they put you on legal record as being guilty of SOMETHING.

This move was a waste of time and legal fee money, Juss. While it is absolutely not your fault that your case needs to be re-opened (district attorney lawyer Kim Foxx is responsible for that "honor"), your case NEEDS to be re-opened -- unless you're willing to agree to a legitimate plea deal!


rocktivity

[Mosby]

6. Sounds pretty shady to me, also

Diversion outcomes are very common, this could put them at risk.

[rocktivity]

7. Well, here's the best part -- he shouldn't have gotten a "diversion outcome" in the first place!

Last edited Wed Sep 8, 2021, 04:29 PM - Edit history (2)

ThisIsInsider.com: A...2007...California misdemeanor complaint against Jussie Smollett shows the actor was accused of identifying himself as his...brother...Jake Smollett...when a Los Angeles police officer pulled him over on suspicion of driving under the influence. (Jussie) also signed (Jake's) name on the promise to appear in court...

Court records show (that) he pleaded no contest...to driving under the influence...driving without a valid license...(and) the reduced charge of giving false information...The records show he later completed an alcohol education and treatment program and completed the terms of his sentence in May 2008.

He was given a diversion outcome for his first offense (which included a charge of lying to the police), and look at the thanks they got!

rocktivity