Jussie Smollett's legal team is pushing for an overturn of his 2021 felony convictions by appealing to the Illinois Supreme Court.

Smollett's lawyers contend that his trial on charges of staging a hate crime should have been prevented by a prior non-prosecution agreement, as National Review reports.

On Jan. 29, 2019, Smollett, formerly an actor on the television show Empire, reported a hate crime against himself, which he later admitted to staging.

This purported attack included racist and homophobic slurs and proclaimed support for then-President Donald Trump with the exclamation, “this is MAGA country.”

Chicago Police Dedicate Extensive Resources to Case

The Chicago Police Department invested over 3,000 hours into the investigation of Smollett's claims.

Their findings concluded that Smollett had orchestrated the attack with the help of two accomplices, ultimately leading to an initial decision to not prosecute based on an agreement.

Under the terms of this agreement, Smollett forfeited a $10,000 bond and performed community service, which, his defense argues, fulfilled his obligations and should have closed the case.

Initial Charges Dropped, Then Unexpectedly Refiled

Despite Smollett's compliance with the non-prosecution agreement, the charges were later refiled, leading to a trial and his conviction in December 2021 on six counts of felony disorderly conduct for lying to the police.

This legal twist has stirred debate on the fairness and legality of the prosecution's actions.

In March 2022, he was sentenced to five months in jail followed by 30 months of probation. Smollett served less than a week before being released pending the outcome of his appeal.

Defense Challenges Legitimacy of Trial

Smollett's attorney, Nenye Uche, has expressed that the trial violated the earlier agreement with the Cook County state’s attorney’s office. Uche argues this agreement was binding and not adhered to by the prosecution.

"Smollett isn’t an attorney," Uche pointed out, criticizing the use of legal technicalities to justify the trial.

Prosecutors Assert Right to Refile Charges

Responding to the defense's claims, special prosecutor Sean Weiber noted that the original case was dropped because the agreement had been honored at that time.

However, the dismissal was not "with prejudice," allowing for the possibility of refiling of charges.

Special prosecutor Dan Webb emphasized the jury's decision as a clear message against Smollett’s actions, denouncing his testimony as a "completely ridiculous story."

Supreme Court Decision Anticipated

The legal battle has now escalated to the Illinois Supreme Court, where Smollett now seeks an evidentiary hearing to dissect the details of the non-prosecution agreement.

This hearing could potentially pivot the direction of the case, either upholding the conviction or overturning it based on procedural grounds.

The outcome of this appeal is awaited with keen interest, as it carries significant implications for legal precedents on non-prosecution agreements and prosecutorial discretion.