Home/Supreme Court of Georgia/State v. McCollum

State v. McCollum

405 S.E.2d 688, 261 Ga. 473, 1991 Ga. LEXIS 361
CourtSupreme Court of Georgia
DecidedJuly 12, 1991
DocketS91A0310
StatusPublished
Cited by27 cases

This text of 405 S.E.2d 688 (State v. McCollum) is published on Counsel Stack Legal Research, covering Supreme Court of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. McCollum, 405 S.E.2d 688, 261 Ga. 473, 1991 Ga. LEXIS 361 (Ga. 1991).

Opinions

Smith, Presiding Justice.

McCollum and others were indicted on several counts as a result of an altercation. The state filed a motion asking that the trial court prohibit the defendants from using peremptory strikes in a racially discriminatory matter. The motion was denied and the state appeals.

1. Since the order of the trial court, the United States Supreme Court has decided the case of Edmonson v. Leesville Concrete Co., 59 USLW 4574, decided June 3, 1991. In that case, the Court held, generally, that the exclusion of any prospective juror by virtue of race would constitute an impermissible injury to that juror. 59 USLW 4578.

2. Edmonson, of course, was a civil action. While it may be that the United States Supreme Court may, in another case, prohibit a criminal defendant from exercising peremptory challenges to exclude jurors on the basis of race, it has not yet done so. Bearing in mind the long history of jury trials as an essential element of the protection of human rights, this court declines to diminish the free exercise of peremptory strikes by a criminal defendant.

Judgment affirmed.

All the Justices concur, except Hunt, Ben-ham and Fletcher, JJ., who dissent.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Flanders v. State
609 S.E.2d 346 (Supreme Court of Georgia, 2005)
State v. Johnson
737 A.2d 1140 (New Jersey Superior Court App Division, 1999)
Williams v. State
634 So. 2d 1034 (Court of Criminal Appeals of Alabama, 1993)
Stewart v. State
426 S.E.2d 367 (Supreme Court of Georgia, 1993)
State v. Mayweather
425 S.E.2d 659 (Supreme Court of Georgia, 1993)
State v. Knox
609 So. 2d 803 (Supreme Court of Louisiana, 1992)
State v. McCollum
422 S.E.2d 866 (Supreme Court of Georgia, 1992)
State v. Jones
615 A.2d 149 (Connecticut Appellate Court, 1992)
Georgia v. McCollum
505 U.S. 42 (Supreme Court, 1992)
Gooden v. State
418 S.E.2d 632 (Court of Appeals of Georgia, 1992)
State v. Bowers
482 N.W.2d 774 (Supreme Court of Minnesota, 1992)
Pilot v. State
607 So. 2d 306 (Court of Criminal Appeals of Alabama, 1992)
Weems v. State
416 S.E.2d 84 (Supreme Court of Georgia, 1992)
State v. Carr
413 S.E.2d 192 (Supreme Court of Georgia, 1992)
Lemley v. State
599 So. 2d 64 (Court of Criminal Appeals of Alabama, 1992)
State v. Anaya
825 P.2d 961 (Court of Appeals of Arizona, 1991)

Cite This Page — Counsel Stack

Bluebook (online)
405 S.E.2d 688, 261 Ga. 473, 1991 Ga. LEXIS 361, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-mccollum-ga-1991.