The former 'Empire' actor's attorneys want him released from jail while they appeal his conviction of lying to Chicago police about a racist and homophobic attack and the 150-day jail sentence a judge handed down
“If the one judge rejects the motion, that's it," Erickson said. “It means the court is not going to hear it.”
But that first justice can keep things going, if he or she believes the motion has some validity. Then, the justice takes the motion to two other justices to review. The justices could call the attorneys in to make oral arguments but they can also just rely on the papers the attorneys have filed. Just what arguments will sway the justices is, of course, unclear. But Erickson said what is clear is that the argument that Smollett will complete his sentence before his appeal is decided is a non-starter.
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