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:
he argues his postconviction petition stated an arguable claim that he was denied effective assistance of appellate counsel because his counsel did not argue on direct appeal that the trial court erred when it denied his motion to dismiss juror cross for cause.
answer:
non-overruling


question:
people v. stewart, supra, 89 cal.app.4th 1209, and people v. tucker, supra, 187 cal.app.3d 295, are disapproved to the extent they conflict with these conclusions.
answer:
overruling


question:
consequently, failing to perform, or failing to perform competently, under a contract cannot itself give rise to tort liability, but if the same conduct violates an independently existing duty, the fact that it constitutes a breach of contract does not preclude tort liability.
answer:

non-overruling