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 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.
answer:
overruling


question:
we reject the defendant's contention that the marriage relationship and the right of consortium deriving therefrom preclude the state from ever establishing the nonconsensual entry requisite to the crime of burglary, and we disapprove the third district's contrary ruling in vazquez.
answer:
overruling


question:
although we are reluctant to do so, we must overrule gibson to the extent that it applies structural error review to an instructional error that affects only an element of the offense, a permissible evidentiary inference, or a potential theory of conviction, as opposed to an instructional error that affects the overarching reasonable doubt standard of proof.
answer:

overruling