Illinois Supreme Court Overturns Jussie Smollett Conviction

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Illinois Supreme Court Overturns Jussie Smollett Conviction
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'Because the charges were dismissed in exchange for defendant’s community service and forfeiture of his bail bond and because defendant fully performed his end of the agreement, the State is bound by the agreement.'

“Because the charges were dismissed in exchange for defendant’s community service and forfeiture of his bail bond and because defendant fully performed his end of the agreement, the State is bound by the agreement.” allows the State to bring a second prosecution when the dismissal was entered as part of an agreement with the defendant and the defendant has performed his part of the bargain.

Because this case involves an agreement to dismiss charges in exchange for defendant doing something and defendant did what the agreement required,involved an alleged agreement between the prosecution and the defendant whereby the State would dismiss the charges if the defendant took and passed a polygraph examination. This court stated that, “f there was an agreement as alleged, and if Starks fulfilled his part of it, then the State must fulfill its part.

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