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United States Constitutional Law
United States Supreme
Court Case Summaries
May 01, 2000

United States constitutional Law
United States Supreme Court Case Summaries
May 01, 2000 3

U.S. Supreme Court Opinions
Case Summaries -May 01, 2000
USSC-CASELAWMonday, May 01, 2000 3:18 PM

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TABLE OF CONTENTS
LABOR LAW
CHRISTENSEN, et al. v. HARRIS COUNTY, et al. (5/1/00 - No. 98-1167)

CRIMINAL LAW
CARMELL v. TEXAS (5/1/00 - No. 98-7540)
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LABOR LAW

CHRISTENSEN, et al. v. HARRIS COUNTY, et al. (5/1/00 - No. 98-1167)
Certiorari to the United States Court of Appeals for the Fifth Circuit
Argued February 23, 2000--Decided May 1, 2000
The Fair Labor Standards Act of 1938 (FLSA), 29 U. S. C. §201(o), permits
States and their political subdivisions to compensate their employees for
overtime work by granting them compensatory time in lieu of cash payment.
If the employees do not use their accumulated compensatory time, the
employer must pay cash compensation under certain circumstances.
§§207(o)(3)-(4). Fearing the consequences of having to pay for accrued
compensatory time, Harris County adopted a policy requiring its employees to
schedule time off in order to reduce the amount of accrued time.
Petitioners, county deputy sheriffs, sued, claiming that the FLSA does not
permit an employer to compel an employee to use compensatory time in the
absence of an agreement permitting the employer to do so. The District Court
granted petitioners summary judgment and entered a declaratory judgment that
the policy violated the FLSA. The Fifth Circuit reversed, holding that the
FLSA did not speak to the issue and thus did not prohibit the county from
implementing its policy.
Held: Nothing in the FLSA or its implementing regulations prohibits a public
employer from compelling the use of compensatory time. Petitioners' claim
that §207(o)(5) implicitly prohibits compelled use of compensatory time in
the absence of an agreement is unpersuasive. Pp. 5-12.
158 F. 3d 241, affirmed.
Thomas, J., delivered the opinion of the Court, in which Rehnquist, C. J.,
and O'Connor, Kennedy, and Souter, JJ., joined, and in which Scalia, J.,
joined except as to Part III. Souter, J., filed a concurring opinion.
Scalia, J., filed an opinion concurring in part and concurring in the
judgment. Stevens, J., filed a dissenting opinion, in which Ginsburg and
Breyer, JJ., joined. Breyer, J., filed a dissenting opinion, in which
Ginsburg, J., joined.
To read the full text of this opinion, go to:
http://laws.findlaw.com/us/000/98-1167.html
CHRISTENSEN, et al. v. HARRIS COUNTY, et al. (5/1/00 - No. 98-1167)

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CRIMINAL LAW

CARMELL v. TEXAS (5/1/00 - No. 98-7540)
Certiorari to the Court of Appeals of Texas, Second District
Argued November 30, 1999--Decided May 1, 2000
In 1996, petitioner was convicted on 15 counts of committing sexual offenses
against his stepdaughter from 1991 to 1995, when she was 12 to 16 years old.
Before September 1, 1993, Tex. Code Crim. Proc. Ann., Art. 38.07, specified
that a victim's testimony about a sexual offense could not support a
conviction unless corroborated by other evidence or the victim informed
another person of the offense within six months of its occurrence, but that,
if a victim was under 14 at the time of the offense, the victim's testimony
alone could support a conviction. A 1993 amendment allowed the victim's
testimony alone to support a conviction if the victim was under 18. The
validity of four of petitioner's convictions depends on which version of the
law applies to him. Before the Texas Court of Appeals, he argued that the
four convictions could not stand under the pre-1993 version of the law,
which was in effect at the time of his alleged conduct, because they were
based solely on the testimony of the victim, who was not under 14 at the
time of the offenses and had not made a timely outcry. The court held that
applying the 1993 amendment retrospectively did not violate the Ex Post
Facto Clause, and the State Court of Criminal Appeals denied review.
Held: Petitioner's convictions on the counts at issue, insofar as they are
not corroborated by other evidence, cannot be sustained under the Ex Post
Facto Clause. Pp. 6-40.
963 S. W. 2d 833, reversed and remanded.
Stevens, J., delivered the opinion of the Court, in which Scalia, Souter,
Thomas, and Breyer, JJ., joined. Ginsburg, J., filed a dissenting opinion,
in which Rehnquist, C. J., and O'Connor and Kennedy, JJ., joined.
To read the full text of this opinion, go to:
http://laws.findlaw.com/us/000/98-7540.html
CARMELL v. TEXAS (5/1/00 - No. 98-7540)
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