An Illinois appeals court ruled Wednesday that Jussie Smollett should be released from jail on bail pending the appeal of his 5-month sentence for faking his hate crime attack. Smollett’s lawyers had argued in court papers that his sentence should be stayed because it would likely be completed before his appeal, and that being incarcerated threatened his health and safety. Two out of three of the justices on the appellate panel agreed that Smollet should be released on $150,000 bond, agreeing with the defense’s argument and acknowledging that his offense was nonviolent.

Smollett, who went home last night, had only been held in the Cook County Jail under protective custody for 6 days, but his family had argued on social media that he was the target of “vicious threats” and was at risk. His appeal is based, in part, on the idea that his recent sentence violated the legal concept of double jeopardy because he had already surrendered a $10,000 bond and performed some community service back in 2019.

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