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Empire co-star Jussie Smollett is out of jail while attorneys appeal his conviction for lying to police about a hate crime attack against him. Smollett began serving his 150 day sentence, but just days later the actor was released. Smollett\\u2019s attorneys arguing that he would complete the sentence by the time the process was completed. They also cited homophobic threats received by the actor in their request for emergency release. The special prosecutor responded to the motion by saying it was \\u201cfactually incorrect.\\u201d Two of the three members of the appellate court agreed with Smollett\\u2019s attorneys.\\xa0 \\xa0
\\nNow just hours before the court\'s final deadline\\xa0 to file, the paperwork was delivered to the court.\\xa0
\\nJoining Nancy Grace today:
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