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

similarly, the supreme court did not assess what happens to a capital felony classification when death becomes constitutionally unavailable as a sentence; the question in mills did not require it, but the question here does.
non-overruling

accordingly, the holdings on this point in state ex rel. nelson v. sims and state ex rel. west v. kivett are overruled to the extent that they are inconsistent with this opinion.
overruling

to the extent that the decision in wilson v. united states, 669 f.supp. 563 (e.d.n.y. 1987), is inconsistent with our holding here, we overrule it.

overruling