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''Georgia v. McCollum'', 505 U.S. 42 (1992),〔(505 U.S. 42 ) Full text of the opinion on Findlaw.com.〕 was a case in which the Supreme Court of the United States held that a criminal ''defendant'' cannot make peremptory challenges based solely on race. The court had previously held in ''Batson v. Kentucky'' (1986) that prosecutors cannot make peremptory challenges based on race, but didn't address whether defendants could use them. The court had already ruled in ''Edmonson v. Leesville Concrete Company'' (1991) that the ''Batson'' prohibition also applies to civil litigants because they are state actors during the jury selection process. However, in ''Polk County v. Dodson'', , the court had held that a public defender is not a state actor in the context of a lawsuit for inadequate legal representation. McCollum argued that ''Polk County'' was the controlling precedent, so public defenders are not state actors during jury selection. Writing for the court, Justice Harry Blackmun disagreed. Blackmun found that whether a public defender is a state actor "depends on the nature and context of the function he is performing."〔(505 U.S. 42 ), at 54.〕 Just as he is a state actor in the context of personnel decisions like hiring and firing attorneys in his office, a public defender is a state actor in the context of peremptory challenges. Like in ''Edmonson'', Blackmun found that race-based peremptory challenges by the defendant violate the Equal Protection Clause and are therefore unconstitutional. ==See also== * List of United States Supreme Court cases, volume 505 * List of United States Supreme Court cases * Lists of United States Supreme Court cases by volume * List of United States Supreme Court cases by the Rehnquist Court 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「Georgia v. McCollum」の詳細全文を読む スポンサード リンク
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