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:
we therefore hold that diamond ii must be overruled.
answer:
overruling


question:
""a defendant is entitled to  a jury trial . . . only if he can demonstrate"" that those penalties - which consist of ""the maximum authorized period of incarceration"" together with ""any additional statutory penalties"" - ""are so severe that they clearly reflect a legislative determination that the offense in question is a 'serious' one.""
answer:
non-overruling


question:
we agree with emery and disapprove people v. osorio
answer:

overruling