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

[EX Q]: see smith v. babcock & wilcox constr. co., 913 s.w.2d 467, 468 (tex. 1995) (per curiam).
[EX A]: non-overruling

[EX Q]: ""if any such challenge to the underlying conviction is successful, the defendant may then apply for reopening of his federal sentence.""
[EX A]: non-overruling

[EX Q]: resolving this conflict in prior panel decisions of this court, we overrule both the holding and the reasoning in constant and its progeny (including pascarella and barron), and conclude that a homosexual parent bears no special evidentiary presumption in a child custody case.
[EX A]:
overruling