The court now claims the move to retry him “violated his rights”, according to the outlet.
“We are aware that this case has generated significant public interest and that many people were dissatisfied with the resolution of the original case and believed it to be unjust,” court documents read.
“Nevertheless, what would be more unjust than the resolution of any one criminal case would be a holding from this court that the State was not bound to honour agreements upon which people have detrimentally relied.
A representative for Smollett has not responded to a request for comment.
Following the alleged attack, the actor made a plea deal to give up his $10,000 (NZ$17,000) bond and undertake 15 hours of community service, which he completed.
However, he was then prosecuted and sentenced to 150 days in county jail in March 2022. As his lawyers worked to appeal that decision, he was released early.
Smollett continued to deny he was in the wrong and kept working. In 2022, TMZ reported that he was directing a Vivica A. Fox movie.
It was reported in October 2023 that he had gone into rehab after finishing work on a film - a “necessary” move, according to his representative at the time.
Another source told Page Six, “It’s something he’s been wanting to do for years”.