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Jussie Smollett VINDICATED
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Date: November 21st, 2024 1:15 PM Author: scholarship https://amp.tmz.com/2024/11/21/jussie-smollett-conviction-overturned-by-illinois-supreme-court/ (http://www.autoadmit.com/thread.php?thread_id=5638004&forum_id=2#48365232) |
Date: November 21st, 2024 1:18 PM Author: ...,,..;...,,..,..,...,,,;.., is there a coherent write-up of this?
he was retried after he entered into a plea bargain? TMZ isnt exactly the best legal reporter |
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Date: November 21st, 2024 1:21 PM Author: scholarship You’ve come to the right place (http://www.autoadmit.com/thread.php?thread_id=5638004&forum_id=2#48365250) |
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Date: November 21st, 2024 1:30 PM Author: smirk (http://www.autoadmit.com/thread.php?thread_id=5638004&forum_id=2#48365292) |
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Date: November 21st, 2024 1:46 PM Author: As far as they will go but even farther (🧐) (http://www.autoadmit.com/thread.php?thread_id=5638004&forum_id=2#48365389) |
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Date: November 21st, 2024 1:57 PM Author: lowkey wry poster soros DA nolle pros'd him and said in court it was in exchange for some amoebal "service in the community"
a special prosecutor was appointed and ultimately tried him. generally a nolle pros isn't a ruling on the merits and therefore not double jeopardy. here the il sc held that it was actually part of a deal (under the table I guess) so therefore the nolle pros was actually binding.
it's a Joke imo. |
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Date: November 21st, 2024 1:58 PM Author: lowkey wry poster also he forfeited his bond which LJL (http://www.autoadmit.com/thread.php?thread_id=5638004&forum_id=2#48365455) |
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Date: November 21st, 2024 2:02 PM Author: ...,,..;...,,..,..,...,,,;.., fuck him, but why isnt a nolle pros binding, esp if the def has already complied with the terms? why would anyone agree to a nolle pros if they could be retried? seems like the right decision, but what am i missing? (http://www.autoadmit.com/thread.php?thread_id=5638004&forum_id=2#48365485) |
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Date: November 21st, 2024 2:06 PM Author: sph Normally a nolle pros isn't bargained for, which is why it's not usually binding. The court found that this one was bargained for (http://www.autoadmit.com/thread.php?thread_id=5638004&forum_id=2#48365503) |
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Date: November 21st, 2024 2:09 PM Author: ...,,..;...,,..,..,...,,,;.., how is it not bargained for where there's a requirement by the defendant to do something (e.g., community service)? (http://www.autoadmit.com/thread.php?thread_id=5638004&forum_id=2#48365512) |
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Date: November 21st, 2024 2:11 PM Author: sph A typical nolle pros doesn't have any such requirements. It's just a voluntary dismissal by the prosecution (http://www.autoadmit.com/thread.php?thread_id=5638004&forum_id=2#48365520) |
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Date: November 21st, 2024 2:15 PM Author: ...,,..;...,,..,..,...,,,;.., gotcha. sounds like this was a bargained-for agreement, and it should be binding. was the gov's argument just "it's called a nolle pros, and a nolle pros isnt binding"? sounds like low iq schtick and that the court got it right. (http://www.autoadmit.com/thread.php?thread_id=5638004&forum_id=2#48365534) |
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Date: November 21st, 2024 2:29 PM Author: sph I'm not sure the court did get it right. A nolle pros doesn't cause double jeopardy to attach, and the Illinois supreme court didn't rule that it did. Instead, if held for Smollett on due process grounds.
But if the state told Smollett that it would nolle pros (which everyone knows doesn't trigger double jeopardy) if Smollett surrendered his bond and performed community service, and the state did in fact nolle pros, then Smollett seems to have gotten the benefit of his bargain (however shitty of a deal it was).
The court seems to reach to find a broader nonprosecution agreement embedded in a few statements made by the original prosecutor, since if the bargain really had just been "if you surrender your bond and perform community service, we'll nolle pros this" then the state would've fully performed when it dismissed the first time and there would be no due process issue with the special prosecution. |
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Date: November 21st, 2024 2:49 PM Author: ...,,..;...,,..,..,...,,,;.., seems like a just and fair ruling to me on due process grounds. it'd be a total gotcha for the state to be able to say "if you surrender your bond and perform community service, we'll nolle pros this... (but we can just reprosecute you you dont know what nolle pros really means, heh)" (http://www.autoadmit.com/thread.php?thread_id=5638004&forum_id=2#48365732) |
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Date: November 21st, 2024 3:00 PM Author: sph I don't know that if is a gotcha. Smollett could've tried to negotiate a formal nonprosecution agreement, but he didn't, and he had good strategic reasons not to try at the time. In my view, he got what he bargained for -- a chance, but not a guarantee, that the state moves on/loses interest and he escapes criminal liability. It didn't work, but I don't see that he was treated unfairly. (http://www.autoadmit.com/thread.php?thread_id=5638004&forum_id=2#48365804) |
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Date: November 21st, 2024 3:05 PM Author: ...,,..;...,,..,..,...,,,;.., why would any crim defendant ever want to undertake a detriment of any sort (forfeiting bond, comm service, etc.) in exchange for a non-binding dismissal with no finality or closure in the hopes that the government moves on and forgets about you but could decide at their whims to reprosecute you? it's a shitty, corrupt horrible system to allow this sort of thing. i don't know how you can justify this as good public policy.
this encourages prosecutorial bad faith, puts defendants at the whims of a revolving door of different DAs doing in and out, and allows prosecutors to prey on dumb as fuck defendants who dont know any better. |
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Date: November 21st, 2024 3:08 PM Author: sph Because the alternative is that it doesn't get dismissed so the defendant has to plea it out or go to trial. It could be perfectly rational to take the voluntary dismissal, suffer a very slight detriment and hope for the best (http://www.autoadmit.com/thread.php?thread_id=5638004&forum_id=2#48365856) |
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Date: November 21st, 2024 3:21 PM Author: ...,,..;...,,..,..,...,,,;.., prosecutors need to triage their cases. if they determine a case is weak enough or the crime is insignificant enough or the defendant has no record such that the defendant/crime is deserving of a nollo pros, then they shouldn't have the right to just change their mind and bring back the charges. if the crime/defendant deserves prosecution, don't nollo pros it in the first place. this sort of shit gives the prosecutors way too much power to play god. (http://www.autoadmit.com/thread.php?thread_id=5638004&forum_id=2#48365924) |
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Date: November 21st, 2024 3:18 PM Author: lowkey wry poster "allows prosecutors to prey on dumb as fuck defendants who dont know any better."
you keep saying this but Smollet had an attorney at the time. He definitely knew the difference |
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Date: November 21st, 2024 3:22 PM Author: ...,,..;...,,..,..,...,,,;.., every 70 iq crim def has an attorney, other than benzo apparently.
this dindu fag seems pretty dumb. i'm not sure what he did or didn't know, but even if he did know, i'm speaking generally. it's a bad system. |
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Date: November 21st, 2024 2:41 PM Author: lowkey wry poster plea deals have a formality to them which were lacking here. there is scant evidence of an actual bargain here. it was more like an in-court justification for something they were going to do anyway. (http://www.autoadmit.com/thread.php?thread_id=5638004&forum_id=2#48365662) |
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Date: November 21st, 2024 2:45 PM Author: ...,,..;...,,..,..,...,,,;.., why would he do community service and forfeit his bond if there's no bargain? (http://www.autoadmit.com/thread.php?thread_id=5638004&forum_id=2#48365679) |
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Date: November 21st, 2024 2:48 PM Author: lowkey wry poster not clear to me that he did any community service like you're thinking but yes he did forfeit his bond.
think of it this way. you visit a goy acquaintance's home and "slip and fall" on his front porch. he offers you $5,000 to make things right and you shake hands but he doesn't ask you to sign a release. naturally you file a lawsuit the next day, and he files a motion to dismiss on the basis that it's "pretty much the same thing" as signing a release. outcome? |
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Date: November 21st, 2024 2:52 PM Author: ...,,..;...,,..,..,...,,,;.., he forfeited $10k and tmz said he did 15 hrs of community service if he did 1 hour of bullshit community service, he still did whatever was asked of him.
i dont think its fair to analogize to civil handshake agreements (or non-agreements). the government has a special power -- and a special responsibility -- when dealing with criminal defendants. the government shouldn't be able to trick 70 iq minority criminal defendants with gotchas where they think they've got a deal when it really isn't. |
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Date: November 21st, 2024 2:06 PM Author: Hawk Taulia Tagovailoa (High Constitutional Moment) They agree to a nolle pros because there's usually not a special prosecutor waiting in the wings, and they're not going to get their shoplifting charge dropped and eventually expunged otherwise. (http://www.autoadmit.com/thread.php?thread_id=5638004&forum_id=2#48365504) |
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Date: November 21st, 2024 2:45 PM Author: lowkey wry poster (http://www.autoadmit.com/thread.php?thread_id=5638004&forum_id=2#48365680) |
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Date: November 21st, 2024 1:45 PM Author: Emotionally + Physically Abusive Ex-Husband Free Jussie! (http://www.autoadmit.com/thread.php?thread_id=5638004&forum_id=2#48365384) |
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Date: November 21st, 2024 1:48 PM Author: ;..;.;;;.;;.;.;.;;;.;;;.;.;;;....;. I knew he wasn't lying! (http://www.autoadmit.com/thread.php?thread_id=5638004&forum_id=2#48365398) |
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Date: November 21st, 2024 2:42 PM Author: Brussels Sprout: Brussels,Helsinki,Stockholm,Kyiv Good for Jussie-- this board owes him an apology and some form of reparation (http://www.autoadmit.com/thread.php?thread_id=5638004&forum_id=2#48365663) |
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Date: November 21st, 2024 2:49 PM Author: Pumonymous Can/will they appeal this decision to the SCOTUS of the US? (http://www.autoadmit.com/thread.php?thread_id=5638004&forum_id=2#48365730) |