People v. Smollett

Defendant was charged with 16 counts of felony disorderly conduct stemming from a false report that he was a victim of a crime. The state’s attorney dismissed the case, but the defendant was re-indicted after the appointment of a special prosecutor. Defendant ultimately was found guilty of five counts of felony disorderly conduct and sentenced to 30 months’ probation. On appeal, defendant challenged the appointment of the special prosecutor arguing that there was no statutory authority for the appointment of a special prosecutor, that the appointment was vague and overbroad, and that the circuit court erred in denying a motion for a substitution of judge. The appellate court found that it did not have jurisdiction to consider the appointment of the special prosecutor because it was not timely raised. The appellate court also found that defendant’s due process and double jeopardy rights were not violated by the second indictment and found no error committed by the trial court in the conducting of trial, jury selection, admission of evidence, jury instructions, and sentencing. (COGHLAN, concurring and LYLE, dissenting)