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: we do so now and overrule part iii of montenegro.

A: overruling
****
Q: 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.

A: non-overruling
****
Q: id. at 1005 (baer, j., concurring).

A:
non-overruling
****