CHICAGO — Attorneys for actor Jussie Smollett have filed an appeal with the Illinois Appellate Court, claiming his hate crime hoax conviction was invalid due to double jeopardy concerns. 

Smollett was convicted in 2021 of paying two brothers to stage a racist and homophobic attack on him so that he could gain notoriety. A Cook County judge sentenced Smollett to 150 days in jail. An appellate court later approved his request for bond pending appeal and he was released, however.  

The 40-year-old actor “Empire” actor is now appealing any additional jail time. 

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His attorney argues that Smollett was re-prosecuted when a special prosecutor filed disorderly conduct charges against him despite Cook County State’s Attorney Kim Foxx agreeing to dismiss almost identical claims.