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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