Is it Back to Jail for Jussie Smollett? Here’s What We Know

Today may be the end of a long week, but Friday seemed to signal the start—or rather, restart—of Jussie Smollett’s jail sentence for his 2019 hate crime hoax.

According to CBS News, an Illinois Appellate Court judge upheld the Empire star’s disorderly conduct conviction, which means he will have to fulfill his full 150-day jail sentence for his crimes. The actor walked free while his lawyers filed this appeal after having only served six days in jail initially.

As previously reported by The Root, Smollet was convicted on five of six counts of disorderly conduct in 2021, after the 16 original felony charges that he allegedly faked a hate crime against himself were dropped. He was sentenced to 30-months of felony probation, 150-days in Cook County jail, over $100,000 in restitution and a $25,000 fine.

However, his legal team filed an appeal citing their belief that his conviction violated his fifth amendment rights against double jeopardy, which legally protects a person from being punished for the same crime twice. Unfortunately, the special prosecutor on the case claims that Smollett did receive the due process he’s entitled to and clarified that the deal for his release included a clause that he could be re-charged for the original crime.

In the aftermath of Friday’s ruling, a rep for Smollett said in a statement to TMZ:“We wish to highlight that the decision was divided, with Justice Lyle offering a detailed analysis in favor of Smollett. We are preparing to escalate this matter to the Supreme Court, armed with a substantial body of evidence.”

Special prosecutor Dan Webb subsequently followed up with a separate statement:

“The appellate court ruled on every issue Mr. Smollett raised in our favor and against him. This was a resounding and profound victory for us today. Having a dissenting voice in the ruling is not uncommon. The decision by the appeals court is final.

What happens next is Mr. Smollett can file a petition for a higher appeal to The Illinois Supreme Court. This is purely discretionary meaning the court does not have to hear this appeal. He lost all legal rights to an appeal with today’s decision. If the Supreme Court decides to hear his appeal, there will be briefs filed and a hearing date set. If not, then the case goes back to the trial court, which will execute his sentence.”