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]: we also overrule that portion of berry v. mclemore, 670 f.2d 30, 34 (5th cir. 1982), in which we relied on jones to find an abuse of discretion in the district court's failure to assess as an item of costs the full fee of an expert witness who was "important" to the plaintiff's  1983 case.
[A]: overruling


[Q]: the court of appeals holding to the contrary in state v. gray, 45 kan.app.2d 522, 524, 249 p.3d 465,rev.
[A]:
overruling