People v. Smollett

Summary

The court held that the State violated due process by reprosecuting Smollett after dismissing the original charges pursuant to an agreement under which he performed community service and forfeited his bond. The court concluded that the use of a nolle prosequi did not permit reprosecution because the dismissal was part of a bilateral agreement intended to finally resolve the case. The court reversed the appellate and circuit court judgments and remanded with directions to dismiss the charges.