The Illinois Supreme Court reversed the conviction of Jussie Smollett of filing a false police report. Prior to the successful prosecution that made headlines, the State and Defense had reached an agreement not to prosecute Mr. Smollett. In exchange Mr. Smollett had forfeited a $10,000.00 bond.
Mr. Smollett had made an allegation that he had been attacked by two masked men who poured bleach on him and put a rope around his neck. The accusations had significant racist overtones. The police investigated and ended up believing that Smollett had manufactured the story- made it up. The Cook County (motto :"One vote per person, dead or alive") State Attorneys Office filed charges and then reached an agreement to drop them.
Then a retired judge (it is always a judge causing a problem isn't it?) petitioned the court to assign a special prosecutor and Dan K Webb, who had previously been a special counsel in the Iran-Contra contretemps, took over the case, filed charges, and obtained a conviction after a trial.
The Illinois Supreme Court held that a deal is a deal is a deal: Justice Rochford wrote that it "defies credulity" to believe that Smollett entered into a deal in which he forfeited $10,000.00 under the belief that he could later be charged. The State argued at oral argument that- and we are not making this up- that Smollett's deal was only for him not to be prosecuted that day of the agreement - or as the lawyer said "a not prosecute today agreement". Really. And they said it with a straight face.
The Illinois Supreme Court didn't buy it.
Moral of the story- deals matter. A lawyer's word (other than from certain lawyers at the Dade State Attorneys Office) matters.
Case reversed with directions to discharge the defendant.
People v. Smollett, 2024 IL 130431 by Anonymous PbHV4H on Scribd
46 comments:
I wonder if Chicago or Miami is more corrupt, judicially and politically……
Illinois Supreme Court to prosecutors - “you’re Shumied “ ba da dum
Don’t you wish that KFR would be replaced by Judge de la O or Judge Michael Hangman?
So is Corey Smith a free man?
Jose Arrojo for SAO
Although I think Jose is a great man, I can’t trust anyone that has been on the Katherine Fernandez Rundle team. In order for that office to run properly. A total overhaul is needed. All chiefs gone all Kathy insiders gone. Good bye.
Anything would be better than the current regime. Replace KFR and All the chiefs. Replace anyone that sided with MVZ. Replace all administration. Employees at all levels should be better vetted.
Sort of a new state attorney esp to the whole blog thing (which I’ve been warned over and over not to access at work ) what are the legal (I’m assuming none) moral factual and or blog related implications when “the Shumie” (what exactly is that ?) is “called” for Judge Miller to resign?
Why can’t you access it at work?
I wonder if Judge Miller has sat on a panel for a criminal case since the text messages came out? The JQC is already all over this mess she created.
You’ve been warned not to go to this sight? Does the SAO dictate your life? Typical… I’ll leave it at that.
I believe the Shumie is protected by the constitution. Correct me if I’m wrong.
Blog related implications? Why are you so paranoid?
The Shumie is a term from the way early days of the blog that basically means "to call it a day." It has evolved from "I'm calling the shumie on Friday after lunch" to mean that I am taking the afternoon off, to "I am calling the shumie on Judge Miller" to mean "I think her career is over, she will resign or be removed."
Are these the high ethics standards held by prosecutors that Bronwyn was talking about?
The Smollet case is a no brainer. What is mind boggling is how it got out the trial court level and the intermediate appellate courts. The issue is not complex. I think the lower court judges were cowered by Dan Webb, a heavyweight in the Chicago legal world. He was a former US Attorney and for what it's worth, the lead lawyer for Big Tobacco in much of the smoking litigation of the past 100 years.
Would Judge Hangman want to take KFR’s spot? He could clean out that office and make it amazing.
New State Attorney? I doubt that.
You would think think President Trump will appoint Mike Hanzman to a deputy cabinet position? Or appeals court?
I wouldn’t admit you’re a new ASA. They are going to hunt you down and interrogate you on your loyalty. You must kiss the ring.
Even if state nolle prosses he won’t be free. He’s serving a federal sentence. That’s why if rhe state know what was good for them, they would just resolve it fast so they can close Pandora’s box….god knows what his counsel will uncover next. The misconduct is never ending and sending rippling effects… buttttt win win win, right?
From what I saw last election no one in Miami Dade County had the testicular fortitude to go up against Katherine Fernandez Rundle. What are you lawyers afraid of?
Nobody gives a fuck about Corey Smith and his gang, banging, asshole gangster comrades, whether rats or soldiers , this is one of the most deadly gangs in the history of South Florida they should do life in prison if you want to give them a second chance at a trial go right ahead.
Well they’re really bringing the hammer down on Miller: https://news.flcourts.gov/All-Court-News/THE-HONORABLE-BRONWYN-C.-MILLER-RECEIVES-THE-SPIRIT-OF-PHILANTHROPY-AWARD
The implications have a name: Nico Jones - take that to your people brave young rebel, share his word, and it shall set your people free
Don’t forget the defense bar!
I heard the SAO will find your location if you post on here.
Good point 6:48 total overhaul. I like that.
Well well well new ASA. I think the Shumie has a protected constitutional right to call for Miller to resign. It’s an opinionated statement. Elected officials are held to a different standard not that I see anything wrong by that.
The best team in America!
Veteran ASA here. I walk in about 30 minutes late. Take a 30 min shit on the 4th floor. Then I leave the office for about 3 hours. None of my cases go trial. I love my life.
I think he would be found not guilty given all the media attention. 😂
I have no idea what Bronwyn is talking about. Anyhow, she should be on TV on one of those judge tv shows. She’s perfect for TV.
If he’s sentenced to life why go down the whole death penalty route. Knowing all the corruption that went on. The state just opened Pandora’s box. 🤦🏻♂️
Judge De La O would make a fantastic State Attorney.
Janet Reno said it best. Defense attorneys job is to win. Prosecutors job is to seek Justice.
To 11:54 : Judge Hanzman is doing just fine in his private practice handling civil cases. I’m sure though that Trump has him on his short list for something very important. He deserves it.
Suppose a defendant who faces dismal odds at trial agrees to a plea bargain with the prosecution for a sentence that is still pretty harsh.
Then a successor prosecutor subsequently reviews the case and decides that the plea bargain was somehow unfair and the punishment too harsh. So the successor prosecutor is willing to negotiate a new agreement which would undo the previous one and let the defendant go with time served or some lighter penalty.
If the prior plea bargain is considered binding, could the judge tell the more merciful prosecutor that they are bound by the harsh plea bargain made by their cruel predecessor and have no power to change or undo it?
Lol not impossible but would require a subpoena…
They wouldn’t be able to try him again because all the testimonial evidence (all the evidence they seem to have) against him was manipulated by prosecutors. So, they have to agree to a sentence or fight tooth and nail to keep him from getting new trial.
Some people do give a fuck about Corey and his co-defendants. They are humans. Not everyone is a piece of shit like you :-)
Are you okay? He’s hardly a superhero. The guy that needs everyone to know he’s the smartest guy in the room? Ask any of the survivors of CTS what they think about him.
I have a very important question- which is better? Chick-fil-A or Popeyes?
No one named “Hangman” should ever be a state attorney…
Neither.
A subpoena requires what?
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