Reverses the second prosecution because the State failed to honor its agreement after Smollett performed. It is not a factual-innocence ruling.
We hold that a second prosecution under these circumstances is a due process violation, and we therefore reverse defendant's conviction.
Opinion, conclusion
Reverses the second prosecution because the State failed to honor its agreement after Smollett performed. It is not a factual-innocence ruling. The opinion records the March 2019 sixteen-count indictment, nolle prosequi, $10,000 bond forfeiture, and 15, not 16, community-service hours. It also records Toomin’s appointment of Webb and the later six-count indictment. The opinion records five disorderly-conduct convictions, a $25,000 fine, and $120,106 restitution. It supplies no basis for saying additional jail time followed the November 2024 reversal.