IL - Actor Jussie Smollett, hate crime hoax, Jan 2019 *Guilty* #7

[Gardenista]

Federal judge allows defamation claims in Jussie Smollett suit

 

[shotgun09]

From the Illinois Courts Appellate Court High-Profile Cases:

BBM

The People
vs
Jussie Smollett

"This cause having come on for hearing on the motion of the defendant Jussie Smollett, to stay his sentence of incarceration and to grant him a bond pending the disposition of his appeal; and the court being advised in the premises: FINDING that the defendant has been convicted on non-violent offenses and that this Court will be unable to dispose of the instant appeal before the defendant would have served his entire sentence of incarceration: IT IS HEREBY ORDERED THAT: 1. The motion of the defendant. Jussie Smollett, to stay his sentence of incarceration and to grant him a bond pending the disposition of his appeal or until further order of this Court is GRANTED; and 2. The defendant, jussie Smollett, shall be released from the custody of the Cook County Sheriff upon the posting of a personal recognizance bond (1 Bond} in the amount of$150,000. ORDER ENTERED MAR 1 6 2022 . "

Administrative Office of the Illinois Courts



Two Judges signed and approved the order, one signed their dissent to the order.

Approved: Thomas Hoffman and Joy Cunningham
Dissent: Maureen Connors

As an Illinois resident, I needed to know just who they were.

 

[mickey2942]

Jussie Smollett's lawyers file counter suit in response to Osundairo brothers' defamation lawsuit

Every day this drama is something new. It should be a TV show. Apparently, the Osundairo Brothers were wearing "white face" during the alleged attack, according to JS attorneys. Now, there is a defamation suit, and counter suit.

 

[Luna20]

Families of people incarcerated awaiting appeal could gather outside that door....

jmho ymmv lrr

Great idea! I would.

 

[Luna20]

Jussie Smollett's lawyers file counter suit in response to Osundairo brothers' defamation lawsuit

Every day this drama is something new. It should be a TV show. Apparently, the Osundairo Brothers were wearing "white face" during the alleged attack, according to JS attorneys. Now, there is a defamation suit, and counter suit.

Are there any images of them that can prove they were wearing white face?

 

[Luna20]

This is interesting regarding privilege. He claimed he wouldn’t be going to jail if he were white. So now can it be said he was released because he’s black?

What they have done is emboldened him regarding his ego. It gives him a false sense of importance. It’s a bad example for escaping justice. He went from a brave judge telling it like it is to another judge allowing his dramatic release. That was intentional nonsense, he loves the attention.

 

[mom2chloe]

Are there any images of them that can prove they were wearing white face?

Not that I am aware of and I seriously doubt two Nigerians could pass for white even wearing whiteface. More ridiculousness from the defense. I’m wondering why the brothers haven’t sued Jussie unless they tried and were advised it was a legal unlikelihood at least until his appeals process is over. I doubt his appeal will be quick and suspect it will be placed on the back burner. More privilege and corruption. IMO

 

[Luna20]

Not that I am aware of and I seriously doubt two Nigerians could pass for white even wearing whiteface. More ridiculousness from the defense. I’m wondering why the brothers haven’t sued Jussie unless they tried and were advised it was a legal unlikelihood at least until his appeals process is over. I doubt his appeal will be quick and suspect it will be placed on the back burner. More privilege and corruption. IMO

They should sue him for defamation. Unless there are photos and as you said it would be difficult to pass off on a Nigerian, they won’t get far with that.

 

[Laughing]

Are there any images of them that can prove they were wearing white face?

Maybe receipts from Max Factor....

jmho ymmv lrr

 

[Luna20]

Maybe receipts from Max Factor....

jmho ymmv lrr

 

[al66pine]

Appeals. Finality. When?

This appeal could take years. If it's denied at the local level, Jussie can go to the state level. Then, if it's still denied, he can go to the US Supreme Court.

@mister happy Yes, final disposition could be years away.

Will this case be heard in IL. Sup Ct. which hears appeals on a limited basis.** This is not a capital case. IDK whether defense atty has questioned/ will question constitutionality of the IL. crim law. Soo, not clear to me whether
JS (hypothetical future) appeal would/could heard in IL Sup Ct.

Would SCotUS hear an appeal of his case?
Very narrow legal basis for that.*** Maybe one of our legal professionals will weigh in on ^ possibility.
Personally I'd give that two chances: slim and none, but could be wrong. my2ct.

___________________________
* Terminology in IL. state courts.

Image: Administrative Office of the Illinois Courts

** Judiciary of Illinois - Wikipedia
** IL. Courts. Jurisdiction
Circuit Courts [aka Trial Courts] "... are trial courts of original jurisdiction and can decide, with few exceptions, any kind of case."
Appellate Court "...is the court of first appeal
for civil and criminal cases rising in the Illinois circuit courts."
IL. Supreme Court "... is the state supreme court...
... has final appellate jurisdiction. It has mandatory jurisdiction in capital cases and cases where the constitutionality of laws has been called into question...."

*** U.S. Sup. Ct.
"The Court may only review "final judgments rendered by the highest court of a state in which a decision could be had" if those judgments involve a question of federal statutory or constitutional law."
^Supreme Court of the United States - Wikipedia

 

[mickey2942]

Are there any images of them that can prove they were wearing white face?

I don't think so. This statement really needs comparison with some of JS statements he made. The other issue is the speech. I listened to some YouTube videos last night of the Osundairo Brothers speaking. The speech is definitely distinctive.

But maybe JS was paralyzed in fear? That is probably why he never dropped his sandwich or ran away.

 

[JDG]

Must admit, I am very surprised that JS and family are keeping such a low profile these days.

Thought the siblings would be opining a lot but nope, must be on March break with their children.

 

[Kristin Esq.]

This appeal could take years. If it's denied at the local level, Jussie can go to the state level. Then, if it's still denied, he can go to the US Supreme Court.

Well he could file a Writ of Cert for the U.S. Supreme Court, but I doubt the SC would take the case.

 

[Seattle1]

Appeals. Finality. When?
@mister happy Yes, final disposition could be years away.

Will this case be heard in IL. Sup Ct. which hears appeals on a limited basis.** This is not a capital case. IDK whether defense atty has questioned/ will question constitutionality of the IL. crim law. Soo, not clear to me whether
JS (hypothetical future) appeal would/could heard in IL Sup Ct.

Would SCotUS hear an appeal of his case?
Very narrow legal basis for that.*** Maybe one of our legal professionals will weigh in on ^ possibility.
Personally I'd give that two chances: slim and none, but could be wrong. my2ct.

___________________________
* Terminology in IL. state courts.

Image: Administrative Office of the Illinois Courts

** Judiciary of Illinois - Wikipedia
** IL. Courts. Jurisdiction
Circuit Courts [aka Trial Courts] "... are trial courts of original jurisdiction and can decide, with few exceptions, any kind of case."
Appellate Court "...is the court of first appeal
for civil and criminal cases rising in the Illinois circuit courts."
IL. Supreme Court "... is the state supreme court...
... has final appellate jurisdiction. It has mandatory jurisdiction in capital cases and cases where the constitutionality of laws has been called into question...."

*** U.S. Sup. Ct.
"The Court may only review "final judgments rendered by the highest court of a state in which a decision could be had" if those judgments involve a question of federal statutory or constitutional law."
^Supreme Court of the United States - Wikipedia

I suspect the district court Judge feared JS would never serve any time in jail when he did not stay JS sentence pending his appeal. And even if his appeal is declined, I doubt he'll return to jail.

For example, I recall Michelle Carter's (convicted of involuntary manslaughter of Conrad Roy) 15- month sentence also stayed pending her appeal in the state courts but she was remanded to jail waiting for the Supreme Court ruling (declined to hear her case).

MOO

Supreme Court declines to hear Michelle Carter appeal in texting suicide case

 

[BeckyF]

Must admit, I am very surprised that JS and family are keeping such a low profile these days.

Thought the siblings would be opining a lot but nope, must be on March break with their children.

Except for this dramatic demand:
Jussie Smollett’s Brother Calls Out The State Of Illinois
Jussie Smollett’s brother, Jocqui Smollett, is calling out the State of Illinois over the sentence handed down last week that required the Empire actor to serve jail time.

Jocqui, 32, spoke directly to the state officials in a video posted on Jussie’s official Instagram account.

“Clear my brother’s name,” he said of the 39-year-old actor. “Make sure this appeal clears my brother’s name. You have a liability on your hand. Anyone with intelligence at the state level should understand that. There’s absolutely no evidence that Jussie did this, there never was. The CPD went on a smear campaign of my brother’s name.”

Jocqui also accused the state of botching his brother’s case.

RELATED: Jussie Smollet’s Mugshot Released, Judge Grants Protective Custody

“There’s countless numbers of police misconduct in this case,” he said. “Judicial misconduct, prosecutorial misconduct, double jeopardy. State of Illinois: do the right thing – make sure this appeal goes through.”

In the caption, Jocqui claims that Jussie’s release from jail on March 16 while on appeal is vindication that the verdict and sentence are wrong.

“Jussie is innocent. For far too long Black folks have been expected to go through trauma and then get back up as if that trauma is normal. We will be speaking on Jussie’s behalf for the near future,” he wrote. “2 out of 3 state judges voted this week to suspend Jussie’s jail sentence while he awaits his appeal. This is a clear acknowledgment from the state that there are holes in this case.”

Jocqui added: “To the State of Illinois, do the right thing and clear Jussie’s name.”



Jussie Smollett’s brother, Jocqui Smollett, is calling out the State of Illinois over the sentence handed down last week that required the Empire actor to serve jail time.

Jocqui, 32, spoke directly to the state officials in a video posted on Jussie’s official Instagram account.

“Clear my brother’s name,” he said of the 39-year-old actor. “Make sure this appeal clears my brother’s name. You have a liability on your hand. Anyone with intelligence at the state level should understand that. There’s absolutely no evidence that Jussie did this, there never was. The CPD went on a smear campaign of my brother’s name.”

Jocqui also accused the state of botching his brother’s case.

RELATED: Jussie Smollet’s Mugshot Released, Judge Grants Protective Custody

“There’s countless numbers of police misconduct in this case,” he said. “Judicial misconduct, prosecutorial misconduct, double jeopardy. State of Illinois: do the right thing – make sure this appeal goes through.”

In the caption, Jocqui claims that Jussie’s release from jail on March 16 while on appeal is vindication that the verdict and sentence are wrong.

“Jussie is innocent. For far too long Black folks have been expected to go through trauma and then get back up as if that trauma is normal. We will be speaking on Jussie’s behalf for the near future,” he wrote. “2 out of 3 state judges voted this week to suspend Jussie’s jail sentence while he awaits his appeal. This is a clear acknowledgment from the state that there are holes in this case.”

Jocqui added: “To the State of Illinois, do the right thing and clear Jussie’s name.”

 

[sassyblue]

Oh for Christ's sake. Give me a break. Some people need to grow up and get a life. I am so bloody tired of this saga. A million excuses for bad behavior while portraying themselves as saviors to this world. What an example to set for the children of the future. They are the worst kind of hypocrites.

 

[mickey2942]

While the Smollett family continues to state that JS is "Innocent", they don't seem to say much about demanding charges against the Osundairo Brothers.

If my brother had been beaten and terrorized, I would be very vocal about the perpetrators being arrested.

Did any of JS witnesses, manager, publicist, testify in court for JS?

 

[JDG]

I guess the S family is back from March break.

What a sad bunch they are, IMO.

 

[tlcya]

the only ones making a mockery of the system are, IMVHO, the entire Smollett family. What a ridiculous circus.