Jussie 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.
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.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.
First off, the court has to hear from special prosecutor Dan Webb. Webb was given until Wednesday to respond to the motion filed by Smollett's legal team, led by attorney Nene Uche. When that happens, the appeal will go before one justice.“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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