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

Q: the same standard applies when a defendant fails to raise a timely objection under brady.

A: non-overruling
****
Q: 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.

A: non-overruling
****
Q: based on the evidence of record cited by the trial court, we conclude that sufficient evidence did exist on the record to warrant submission of septa to the jury for apportionment of liability.

A:
non-overruling
****