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in the 1986 case Batson versus Kentucky the United States Supreme Court held that the equal protection Clause of the 14th Amendment prohibits prosecutors from using peremptory challenges to remove prospective jurors based on race five years later in Edmondson versus Leesville concrete company the court extended this prohibition to private litigants in civil cases concluding that the exercise of peremptory challenges invokes State action and constitutes governmental conduct but what about peremptory challenges by criminal defendants based on race are these challenges prohibited by the equal protection Clause of the 14th Amendment the court considered this question in Georgia versus McCollum Thomas McCollum William McCollum and Ella McCollum were three white individuals living in Georgia in August of 1990 the mccollums were indicted by a grand jury in Georgia for aggravated assault and battery of Jerry and Myra Collins an African-American couple prior to jury selection Council for the mc

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