instruction:
In this task, you will be shown a sentence, and you should determine whether it is overruling or non-overruling. In law, an overruling sentence is a statement that nullifies a previous case decision as a precedent by a constitutionally valid statute or a decision by the same or higher ranking court which establishes a different rule on the point of law involved. Classify your answers into overruling or non-overruling
question:
because it needed only to ""briefly set forth"" the draft permit's factual and theoretical underpinnings, see 40 c.f.r.  124.8(a), the fact sheet's comparative brevity cannot alone be indicative of any illegitimate additions to the response to comments.
answer:
non-overruling


question:
accordingly, we hereby overrule hicks and its progeny, including thomas v. state, 284 ga. 327328(1), 667 s.e.2d 375 (2008) and capote v. ray, 276 ga. 1, 2(1), 577 s.e.2d 755 (2002).
answer:
overruling


question:
citing ""the inflexible policy of the yavapai county attorney . . . to automatically seek capital punishment in every case where evidence of at least one statutory aggravating factor was present,"" the dissent would have ""treat[ed] [the prosecutors'] failure to exercise . . . discretion as a non-statutory mitigating circumstance.""
answer:

non-overruling