JUST IN: An appeals court has ordered that Jussie Smollett be released from jail during the appeal of his conviction on charges that he lied to police about a racist and homophobic attack.
if he remains in protective custody in jail and are concerned that he could be attacked by other inmates.
It also means the attorneys will receive nothing but a short and pointed notice that the motion has been rejected. There likely won’t be any reason given or a statement of any kind. Two of the three justices must agree to grant the motion. If they do, the attorneys will be notified that the motion has been granted. This time, Erickson said, they will explain their reasoning.
"That’s not a legal argument and the appellate court is limited to looking at legal errors only," he said, adding that while motions such as the ones Smollett’s legal team filed are common, they are not often granted.Sally Schulze spoke with Jussie Smollett's brother about threats the family has been getting by phone and on social media.
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Appeals court to rule if Jussie Smollett should stay in jailJussie Smollett's attorneys say they're planning to appeal nearly everything that went on in court over the last few months — from the actor's December conviction of lying to police to the 150-day sentence a judge imposed last week. Now, the issue of whether Smollett must sit in jail during these planned appeals is before a state appeals court and while the appeals could take months to resolve, the question of whether Smollett remains locked up will be resolved much quicker. The way Smollett's attorneys see it, such an order is justified because it's almost certain that Smollett would complete his 150-day jail sentence — which could shrink to 75 days if he behaves himself in jail — before the appeals on the conviction and sentence are decided.
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Appeals Court to Rule If Jussie Smollett Should Stay in JailThe 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
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Jussie Smollett case: Appeals court to rule if the actor should stay in jailJussie Smollett’s attorneys say they’re planning to appeal nearly everything that went on in court over the last few months — from the actor’s December conviction of lying to police to the 150-day sentence a judge imposed last week. And they want the actor to be released from jail immediately rather than wait for the outcome.
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Jussie Smollett in 'psych ward' with 'no special treatment,' family says after receiving threats'We are up against serious, homophobic people, serious racists,' Jocqui Smollett said. 'It's clear in the threats that we get.'
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Jussie Smollett Asks for Emergency Release as Family Shares Threatening CallJussie Smollett’s lawyers and family are demanding an emergency suspension of the actor’s five-month jail sentence, saying “vicious threats” including a highly disturbing anonymous phone call raise serious concerns about his safety behind bars
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