Jussie Smollett

Prosecutors have said Jussie Smollett orchestrated the hoax for publicity at the height of his career while acting on the Fox drama “Empire.”

A state appeals court on Monday granted a request by Jussie Smollett’s defense lawyers for a fifth extension to file their initial argument, but warned it would be the last time.

For the fifth time, Jussie Smollett’s attorneys are asking for more time to file a brief with the state appellate court that is reviewing the former actor’s conviction last year for faking a hate crime.

Video obtained by FOX 32 Chicago shows the moments actor Jussie Smollett was booked into the Cook County Jail after his sentencing hearing last month.

A judge in Chicago ruled Friday that an attorney for Jussie Smollett might have defamed two Black brothers who testified that they participated in a fake racist and homophobic attack on the actor when she suggested they had been wearing "whiteface."

A court order issued Wednesday sent Jussie Smollett home from the Cook County Jail to await the outcome of his appeal of his conviction for faking a hate crime.

Jussie Smollett is out of jail right now pending an appeal and his attorneys said they're confident in the process going forward.

Jussie Smollett was ordered released from jail Wednesday by an appeals court that agreed with his lawyers that he should released pending the appeal of his conviction for lying to police about a racist and homophobic attack.

“It was a scary moment for us, and even a day spent in jail is scary. He's been here for how long? Six days? That's scary,” said Uche. “He hasn't eaten. Guys, he hasn't eaten for six days. Maybe he knew something spiritually that we didn't know. Right? So he hasn't eaten for six days.”