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: defense counsel objected on the ground that the second-degree depraved heart murder instruction was more appropriate in cases in which the state had charged multiple levels of homicide, e.g., murder and manslaughter.

A: non-overruling
****
Q: this court's lewis decision, in placing great emphasis on the fact that lewis' petit theft and uttering a forgery offenses were based on the "same act," and in going beyond the blockburger test, cannot be reconciled with recent supreme court rulings.

A: overruling
****
Q: id. ""if the trial court's findings of fact are upheld, the appellate court must decide whether the dispositive ruling was fair and equitable in light of those facts.""

A:
non-overruling
****