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:
id., 43. similar to our review of a suppression motion, we uphold the circuit court's findings of historical fact unless clearly erroneous, then independently apply constitutional principles to those facts.
answer:
non-overruling


question:
in people v king, 384 mich 310, 312-313; 181 nw2d 916 (1970), the supreme court did not find it unduly suggestive when, after the witness made his identification, it was indicated to him that he had identified the individual whom the police suspected.
answer:
non-overruling


question:
the simple fact is that this board does not have jurisdiction to consider the merits of a claim once we determine that an appeal is untimely, as it was here. . . . legally, we can do nothing but dismiss this appeal.""
answer:

non-overruling