niryuu/sni-each-converted huggingface dataset:
we now overrule st. john's interpretation and affirm the sentence imposed by the district court.
Output: overruling
r., 331 s.w.2d 314, was overruled to an extent in judge woodley's opinion in wilkerson, supra
Output: overruling
in nath, the supreme court explained that in addition to complying with the requirements of the governing substantive law, a sanction must also comply with due process by being ""just and not excessive.""
Output: non-overruling
bahtuoh, 840 n.w.2d at 820 (emphasis omitted).
Output: non-overruling
in that case, at least two other property owners had an interest in the purported easement, because their properties abutted the easement, but were not named in the suit.
Output: non-overruling
to the extent that lopez is inconsistent with this rule, it is hereby overruled.
Output: overruling
it is unclear whether this means that behdadnia made an unconditional tender of the $400,000 (or more) due under the sales agreement.
Output: non-overruling
but where a state statute criminalizes more conduct than the removable offense, it is overbroad and does not categorically make the offender removable.
Output: non-overruling
during the bench trial, appellants also objected to a question by adams bank during cynthia mcvay's testimony.
Output: non-overruling
in support of its position, the court cited several cases from foreign jurisdictions.
Output: non-overruling
before the court takes the radical step to overrule cervantes  and effectively to impugn the rationale of morales too, albeit sub silentio  it would do well to explain why the requirement of article 26.13(a)(4) is not of sufficient import to defeat the state's otherwise compelling interest in the finality of convictions.
Output: overruling
however, to the extent the case was not dismissed on procedural grounds, the johnson case is contrary to the supreme court's opinion in foremost insurance company v. shepard, supra.
Output: overruling
we disapprove of miller v. miller, 848 s.w.2d 344 (tex.app.  texarkana 1993, no writ), el paso sharky's billiard parlor, inc. v. amparan, 831 s.w.2d 3 (tex.app.  el paso 1992, writ denied), and any other authorities in which the court of appeals has dismissed an appeal when the appellant has made a bona fide attempt to invoke the appellate court's jurisdiction by filing a bond within the fifteen days of the date the bond was due.
Output: overruling
(in re victor l. (2010) 182 cal.app.4th 902, 910 (victor l.).)
Output: non-overruling
reilly, judge  ramsey county district courtfile no. 62-cr-17-1420  lori swanson, attorney general, st. paul, minnesota; and  john choi, ramsey county attorney, thomas r. ragatz, assistant county attorney, st. paul, minnesota (for respondent)  cathryn middlebrook, chief appellate public defender, john donovan, assistant public defender, st. paul, minnesota (for appellant)  considered and decided by bjorkman, presiding judge; larkin, judge; and reilly, judge.
Output: non-overruling
see id. a trial court may decree an unequal division of an estate as long as a reasonable basis for doing so exists.
Output: non-overruling
""the statute does not simply govern applicable procedures; it obliterates the debtor's liability.""
Output: non-overruling
instead, we choose to overrule quintana, based on the supreme court's subsequent decision in monge and the many court decisions tracking monge.
Output: overruling
it follows that there was no valid judgment against defendant bond; that the execution and garnishment issued thereon was properly quashed; and that williams v. shrout, mo.app., 294 s.w.2d 640, relied on by garnishor, must be and is overruled.
Output: overruling
(as last visited june 20, 2017) (bold in original).
Output: non-overruling
treating ""the judgment rendered in the first action . . . now as it was in the beginning,"" we held that the people's claim was barred.
Output: non-overruling
roberts express v. bauman, 6th dist. lucas no. l-89-197, 1990 ohio app. lexis 1513 (apr. 20, 1990).
Output: non-overruling
accordingly, we overrule greenberg and conclude that federal courts may "look through"  10petitions, applying the ordinary principles of federal-question jurisdiction to the underlying dispute as defined by vaden .
Output: overruling
the mother did not respond, and the maternal grandmother picked up the children and kept them ""all summer.""
Output: non-overruling
arana v. koerner is overruled to the extent it indicates otherwise.
Output: overruling
for these reasons, the district court did not err in determining that appellant did not overcome the presumption that she was palpably unfit to parent her four children.
Output: non-overruling
we rejected the application of the collateral order doctrine set forth in cohen v. beneficial industrial loan corp.
Output: overruling
statements in the following cases inconsistent with this holding are disapproved: allen v. department of personnel administration, supra; phillips v. state personnel bd., supra; harris v. state personnel bd., supra; goggin v. state personnel bd., supra; zike v. state personnel bd., supra; curia v. civil service com., supra; armistead v. state personnel bd., supra; and willson v. state personnel bd., supra
Output: overruling
accordingly, we overrule broadnax and its progeny, and we reaffirm the holdings of cases like craft v. craft, 647 so.2d at 783; pilgrim v. pilgrim, 596 so.2d at 944; and whitehead v. whitehead, 494 so.2d at 458, that a request for an award of alimony after the reservation of the issue must be based upon a material change of circumstances.
Output: overruling
the magistrate judge recommended that the district court sua sponte dismiss the action under 28 u.s.c.  1915(e)(2)(b)
Output: non-overruling
plaintiffs filed the instant action seeking penalties and damages, urging that lammico failed to timely fund the settlement when it did not unconditionally tender the agreed upon sums by january 3, 2015.
Output: non-overruling
"catalyst theory," allowing that result, is no longer available for that purpose, see farrar, ___ u.s. at ___, 113 s.ct. at 573-74, and cases such as bonnes v. long, 599 f.2d 1316 (4th cir. 1979), which applied that theory, are overruled.
Output: overruling
see pearson v. wendell, 2015 me 136,  45, 47, 125 a.3d 1149.
Output: non-overruling
miller, supra, and brunner, supra, are overruled to the extent that they conflict with this opinion.
Output: overruling
we disapprove of rollenhagen to the extent that it states a public-interest privilege applicable against private figures.
Output: overruling
however, insofar as that case may be in conflict with the opinion in the present case it is overruled.
Output: overruling
the statute bars certain ""alien[s]"" from ""attempt[ing] to enter . . . the united states."" 8 u.s.c.  1326(a)(2).
Output: non-overruling
accordingly, we disapprove the second district court of appeal's decision in floridaire to the extent it can be read as requiring notice to be served on an owner who shares a common identity with the contractor.
Output: overruling
accordingly, we overrule state v. layne, 623 s.w.2d 629 (tenn.
Output: overruling
schweiker v. hansen, 450 u. s. 785, 791 (1981) (marshall, j., dissenting).
Output: non-overruling
summary judgment may be granted only when there are no genuine issues of material fact to be litigated, and the moving party is entitled to judgment as a matter of   law.
Output: non-overruling
even if the fourth amendment had required the officer to comply with the letter of the implied consent law, the blood test result would have been admissible under the inevitable discovery   doctrine.
Output: non-overruling
i. dish's appeal
Output: non-overruling
consistent with this reasoning a number of jurisdictions have abandoned the acceptance rule in favor of what has been described as the so-called "modern rule" or "foreseeability doctrine."
Output: overruling
in determining whether a complaint has alleged a plausible claim for relief, we ""consider the complaint in its entirety, as well as other sources courts ordinarily examine when ruling on rule 12(b)(6) motions to dismiss, in particular, documents incorporated into the complaint by reference, and matters of which a court may take judicial notice.""
Output: non-overruling
[20] thus, in the context of his due process challenge, davis was required to prove by a preponderance of the evidence that the suggestive out-of-court identification was orchestrated by ""improper state conduct.""
Output: non-overruling
furthermore, when objecting to the result, which was the trial judge's announcement of a judgment of acquittal and that he would dismiss the jury, the prosecution still failed to identify that article 778 provided no direct support for the acquittal.
Output: non-overruling
because the warrant was supported by probable cause, we reverse the order granting the motion to suppress and remand the case for proceedings not inconsistent with this opinion.
Output: non-overruling
capps, 300 ga. at 8 (2).
Output: non-overruling
we overrule marcum and owens to the extent that they are inconsistent with this opinion.
Output: overruling
see franchise tax board v. construction laborers vacation trust, 463 u.s. 1, 13-14, 103 s.ct. 2841, 2848, 77 l.ed.2d 420 (1983); williams v. caterpillar tractor co., 786 f.2d 928, 931-32 (9th cir. 1986) ( williams).
Output: non-overruling
(id.; r.r. at 260a-66a.)
Output: non-overruling
musser davis land co. v union pac. res., 201 f.3d 561, 563, (5th cir. 2000) (citing exxon corp. v. crosby-miss res., ltd., 154 f.3d 202, 205 (5th cir. 1998)).
Output: non-overruling
stale information cannot be used to establish probable cause.
Output: non-overruling
id. (citing in re marriage of frederici, 338 n.w.2d 156, 158 (iowa 1983)).
Output: non-overruling
however, after careful examination of the development and purpose of rule 296, we feel compelled to go further and overrule lassiter and all other decisions after 1957 which have required separate presentment of the initial request for findings and conclusions.
Output: overruling
richard e. odoms, hamburg, minnesota (pro se relator) gregory s. paulson, brodeen & paulson pllp, minneapolis, minnesota (for respondent) lee b. nelson, minnesota department of employment and economic development, st. paul, minnesota (for respondent department)
Output: non-overruling
we respectfully disagree with our colleague's finding on this point, though our decision is based on the trial record rather than the summary judgment record.
Output: non-overruling
we hold that w.s. 35-10-205 does not grant counties the authority to enact more stringent regulations of the use, sale and possession of fireworks, and we overrule our decisions in haddenham ii and gueke to the extent those decisions hold to the contrary.
Output: overruling
for all the foregoing reasons, the decision in woodlake, supra, 230 cal.app.3d 1058, is erroneous, and it is hereby disapproved.
Output: overruling
to the extent that copper liquor inc. v. adolph coors co., 684 f.2d 1087 (5th cir. 1982), modified on other grounds en banc, 701 f.2d 542 (5th cir. 1983), held otherwise, it is overruled.
Output: overruling
no such authority is required to be shown in cases involving the forgery of a check and the contrary holding in fain v. commonwealth is overruled.
Output: overruling
we overrule this holding based upon our conclusion that review by the court of appeals under section 22-63-117(11) is predicated upon a final order of the school board resulting from proceedings conducted under section 22-63-117.
Output: overruling
lerma, 877 f.3d 631 (quoting mathis, 136 s. ct. at 2249).
Output: non-overruling
consequently, according to the sheriff, allowing this statute to summarily result in loss of firearm rights without further judicial process or notice would be confusing and absurd.
Output: non-overruling
the parties agree that the issue in this case requires us to determine the applicable unit of prosecution.
Output: non-overruling
this notice must be posted in the waiting room, printed and distributed to all clients, or provided digitally at check-in.
Output: non-overruling
""every robber or burglar knows when he attempts to commit his crime that he is inviting dangerous resistance.""
Output: non-overruling
moreover, the board's finding of no waiver in this case accords with its practice of ""appl[ying] cauthorne . . . 'narrowly,'"" only finding waiver ""where there is explicit contract language authorizing an employer to cancel its obligations.""
Output: non-overruling
the ultimate question at issue in a case like this is whether ""there is a reasonable probability that [the jury] would have struck a different balance.""
Output: non-overruling
thus, we hold that henceforth prohibition may not be employed to raise the defense of workers' compensation immunity.
Output: overruling
because of our holding here, we recede from our prior decisions on this issue to the extent that they do not conform to the procedure outlined herein.
Output: overruling
city of pasadena's assertion that a municipally owned utility is not a "public utility" within the meaning of article xii (see 183 cal. at pp. 530-532), although not expressly disapproved by los angeles met. transit authority v. public util. com., supra, 59 cal.2d 863, is clearly inconsistent with the holding in the transit authority case sustaining puc jurisdiction over a municipally owned common carrier.
Output: overruling
see montgomery v. louisiana, 577 u.s. ,   , 136 s.ct. 718, 737738, 193 l.ed.2d 599 (2016) (scalia, j., dissenting) (recounting history).
Output: non-overruling
id. msha acknowledged that ""the nearest mine opening may not always be the safest route to the surface"" and different ""factors affect whether or not the safest, most direct, practical route has been selected,"" such as ""roof conditions, travel height, fan location, physical dimensions of the mine   opening, and similar considerations.""
Output: non-overruling
it is unlikely that similar circumstances will often be replicated, but where a judge does come to have  no matter how  extrajudicial ""personal knowledge"" of a ""disputed evidentiary fact[],"" as we conclude was the case here, the trial judge is required to recuse herself under subsection (a) of canon 3(e)(1); model judicial code, rule 2.11(a)(1).
Output: non-overruling
we therefore conclude that the improper-purpose doctrine has not worked well in practice, and that more good than harm will come by departing from precedent.
Output: overruling
as noted in vesely v. sager, supra, most of the recent decisions have rejected the no-proximate-cause rubric.
Output: overruling
to the extent that the court of appeals held in hart v. state, 319 ga.app. 749, 738 s.e.2d 331 (2013), that a paraprofessional is a "teacher" for purposes of ocga  16-6-5.1
Output: overruling
therefore the turlock and laguna beach cases are overruled.
Output: overruling
we see no intelligent reason longer to adhere to and accordingly we overrule, the holdings in state v. williams, 340 so.2d 1382 (la. 1976) and state v. williams, 322 so.2d 177 (la. 1975), that excessiveness of sentence may not be reviewed in the absence of formal objection  there being no statutory requirement for such objection, and there being no remaining functional reason for these decisions' court-imposed requirement for the technicality of requiring an objection for such purpose.
Output: overruling
under those circumstances, the defendant waived any claim that the court lacked personal jurisdiction over him in this action (see american home mtge. servicing, inc. v arklis, 150 ad3d at 1182).
Output: non-overruling
[24] the michels argue the district court should have held an evidentiary hearing and rely on britton, 2013 mt 30,  27, 300 p.3d 667, in which the montana supreme court held due process requires an evidentiary hearing in partition actions under certain circumstances.
Output: non-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.
Output: overruling
in light of the caswell decision, the rule expressed in loschiavo, that a federal regulation alone may create a right enforceable through  1983, is no longer viable.
Output: overruling
taken in light of the parties' contentious history, the evidence did not so clearly preponderate against the trial court's decision as to render it erroneous.
Output: non-overruling
as an aside, the steelvest court indicated that under the common law civil conspiracy-type claims result in joint and several liability.
Output: non-overruling
while not limited to these cases, to the extent the following cases are in conflict, they are overruled.
Output: overruling
569 u.s., at   , 133 s.ct., at 1576(dissenting opinion).
Output: non-overruling
##note: people v. segura reversed not overruled.
Output: overruling
compare united states v. ibarra-galindo, 206 f. 3d 1337 (ca9 2000) (in sentencing case, state-law felony is an aggravated felony); united states v. pornes-garcia, 171 f. 3d 142 (ca2 1999) (same), with cazarezgutierrez v. ashcroft, 382 f. 3d 905 (ca9 2004) (in immigration case, state-law felony is not an aggravated felony); aguirre v. ins.
Output: overruling
we now recede from the language in blacker stating that a minimum mandatory sentence cannot be imposed upon a defendant, initially sentenced as a youthful offender, who later substantively violates probation or community control.
Output: overruling
we therefore disapprove people v. bullwinkle (1980) supra, 105 cal.app.3d 82, 86-90, and a dictum in people v. longwill (1975) 14 cal.3d 943, 948 [ 123 cal.rptr. 297, 538 p.2d 753].
Output: overruling
the trustee notes that debtor fails to meet the first prerequisite of standing under weston, because he did not file any objection to the sale motion.
Output: non-overruling
roberts' framework is unpredictable.
Output: overruling
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.
Output: non-overruling
initially, in opposition to petitioner's motion for class certification, respondent relied primarily on the governmental operations rule, which provides that class actions are not a superior method for resolving multiple claims against administrative agencies because stare decisis will protect the potential class members by ensuring prospective application of a favorable judgment.
Output: non-overruling
to the extent that the bingham case and the state national bank case, referred to above, are inconsistent with the views expressed in this opinion, they are now over-ruled.
Output: overruling
see bernhardt v. state, 684 n.w.2d 465, 476-77 (minn.
Output: non-overruling
see united states v. houston, 813 f.3d 282, 296 (6th cir. 2016).
Output: non-overruling
the supreme court's decision in brown expressly disapproved of vallieres to the extent that it conflicted with its interpretation that the extension could be granted as long as the speedy trial time and recapture period had not expired.
Output: overruling
we approve the decisions in woolard and marquez, disapprove the decision in morrison, and quash the decision below.
Output: overruling
thus, we overrule any contrary dicta in hurst to the extent that it may be read as conflicting with this opinion.
Output: overruling
frazee remains good law, and howell's statement to the contrary should no longer be followed.
Output: overruling
the hobson opinion is overruled to the extent that it may be inconsistent with our opinion in this case.
Output: overruling
moreover, our analysis of the decisions of the united states supreme court now requires us to recede from that portion ofgrossman which relied upon the interlocking nature of the confession to provide the requisite indicia of reliability.
Output: overruling
see terry v. ohio, 392 u.s. 1, 30 (1968) (holding that police may stop and briefly detain a person for purposes of investigation if the officer has a reasonable suspicion supported by articulable facts that criminal activity may be afoot).
Output: non-overruling
sussex and berkoff each established their prima facie entitlement to judgment as a matter of law dismissing the causes of action alleging violations of labor law  240(1) and 241(6) insofar as asserted against sussex.
Output: non-overruling
thus, the record reflects the prosecutor permissibly commented on what the evidence was expected to show at trial, and we find no error as alleged by defendant.
Output: non-overruling
see hubbell, 530 u.s. at 43.
Output: non-overruling
baker/gray then held that self-defense is an intentional act and second-degree manslaughter and reckless homicide are unintentional acts; a fortiori, an act committed in self-defense can never constitute the crimes of second-degree manslaughter or reckless homicide, overruling blake v. commonwealth.
Output: overruling
to the extent our previous holding in slaughterback v. state, 594 p.2d 780 (okla.
Output: overruling
accordingly, we recede from any suggestion in pembroke pines that the supreme court's holding in lake county indicates that a court can never separately analyze each of the services funded within an integrated fire services budget to insure that each component survives the required special benefits test.
Output: overruling
to the extent that this conclusion is inconsistent with in re e.t . , 2008 vt 48, 184 vt. 273, 959 a.2d 544, or in re l.g. , 158 vt. 639, 603 a.2d 381 (1992) (mem.), those cases are overruled.
Output: overruling
given  the trial judge's vast discretion in awarding damages, we cannot find that the trial court's award is unsupported by the record or clearly wrong.
Output: non-overruling
to the extent that adame v. hernandez, 327 ga.app. 869, 874(3)(b), 761 s.e.2d 402 (2014), holds that the trial court must support, with written findings, its exercise of discretion and consideration of the best interest of the child for whom child support is being awarded when applying a theoretical child support order under ocga  19615(f)(5)(c), it is hereby overruled.
Output: overruling
to the extent that schultz requires executive capacity as the sine quanon of the admission by a party-opponent exception to the hearsay rule, it is incorrect and is overruled.
Output: overruling
to the extent that lantz is inconsistent with our holding today, it is overruled.
Output: overruling
to the extent flint hill and lake st. louis hold that adoption of a resolution of intent to annex is the first valid step of an annexation, they are overruled.
Output: overruling
plaintiffs' remaining contentions, to the extent not specifically addressed herein, have been reviewed and found to be without merit.
Output: non-overruling
c. defendants' claims for other fees.
Output: non-overruling
we granted certiorari in redden and quashed the order under review, so no harm is done, but we specifically recede from that decision.
Output: overruling
we disagree that these considerations establish an injury in fact to the tippinses, i.e., a concrete and particularized injury that is actual or imminent and not merely hypothetical.
Output: non-overruling
to arrive at a solution to their perceived problem, the majority casually overrules bain v. state, 677 s.w.2d 51 (tex.cr.app. 1984), and dodson v. state, 646 s.w.2d 177 (tex.cr.app. 1980), simply on the mere pretext that the instant arrest was illegal.
Output: overruling
green v. state, 934 s.w.2d 92, 102 (tex. crim. app. 1996) (internal quotations omitted).
Output: non-overruling
applying the four-factor test from barker v. wingo, 407 u.s. 514 (1972), the district court first found that ""the delay . . . of nearly six years create[d] a presumption of prejudice and justifie[d] further inquiry.""
Output: non-overruling
in its decision, handed down on april 3, 2017, the court held that ""[n]othing in  924(c) restricts the authority conferred on sentencing courts by  3553(a) and the related provisions to consider a sentence imposed under  924(c) when calculating a just sentence for the predicate count.""
Output: non-overruling
furthermore, the board found ""compelling"" mallinckrodt's argument based on secondary considerations, namely that ""if it were obvious to a person of ordinary skill in the art to exclude children with lvd from treatment with [nitric oxide], the experts in the field who designed the [inot22] study would have excluded those children from the original protocol.""
Output: non-overruling
for the reasons explained here, our decision in echols is overruled, and riley's conviction and sentence are affirmed.
Output: overruling
77 so.2d 845 is modified so as to conform to the view expressed herein.
Output: overruling
elliot podhorzer, esq., court attorney for the subject child, having moved on the child's behalf for leave to respond, as a poor person, to the appeal taken from two orders of the family court, new york county, entered on or about april 26, 2018 and may 2, 2018, and for assignment of counsel, a free copy of the transcript, and for related relief, now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon, it is ordered that the motion is granted to the extent of (1) assigning, pursuant to 1120 of the family court act, hani m. moskowitz, esq., 225 broadway, suite #715, new york, ny 10007, telephone no. (212) 227-8208, as counsel for purposes of responding to the appeal; (2) permitting movant to respond to the appeal upon a reproduced respondent's brief, on condition that one copy of such brief be served upon the attorney for respondent-appellant and 8 copies thereof are filed with this court.
Output: non-overruling
to the extent larose is inconsistent with this holding, it is overruled.
Output: overruling
to the extent that this court's decision in harris is inconsistent with this opinion, it is expressly overruled.
Output: overruling
suding did not request a continuance and thus the issue is waived.
Output: non-overruling
thus, the statements in these older cases merely reflected the prevailing law at the time, a rule abrogated by the present version of section 634
Output: overruling
2017) (citations, internal quotation marks, and brackets omitted), cert. denied, 138 s. ct. 983 (2018).
Output: non-overruling
the memorandum highlights that, for the first time, this court held that ""whether something is well-understood, routine, and conventional to a skilled artisan at the time of the patent is a factual determination.""
Output: non-overruling
id. at 456.
Output: non-overruling
petro-chem., 514 s.w.2d at 245-46.
Output: non-overruling
the   agency may base a credibility finding on an asylum applicant's ""demeanor, candor, or responsiveness""; the ""inherent plausibility"" of his account; the consistency among his written statements, oral statements, and other record evidence; and ""any inaccuracies or falsehoods in such statements, without regard to whether an inconsistency, inaccuracy, or falsehood goes to the heart of the applicant's claim, or any other relevant factor.""
Output: non-overruling
following the hearing on the exceptions, the trial court concluded that the peremptory exception of no right of action should be overruled, and therefore the dilatory exception of prematurity is moot.
Output: non-overruling
in vacating the circuit court's suppression order, we overrule our prior decision in state v. endo, 83 hawaii 87, 924 p.2d 581 (app.1996), where we held under similar circumstances that a misdated search warrant was invalid.
Output: overruling
we recede from adams and quash the decision below to the extent that it conflicts with this opinion.
Output: overruling
advancing a theory that the 2010 order resolved any outstanding motion.
Output: non-overruling
given domond, it is clear that this ground is contrary to current precedent, and cannot stand.
Output: overruling
in so holding, we decline to follow this court's decision in wickersham ford, inc. v. orange county, 701 s.w.2d 344 (tex.app.  beaumont 1985, no writ), which found orange county to be both a person and a corporation under art. 2226.
Output: overruling
toward the end of its analysis, the court again, in the context of analyzing the spectrum of laws and cases establishing limits on punitive awards, observes ... the upper limit is not directed to cases like this one, where the tortious action was worse than negligent but less than malicious, ... the 3:1 ratio ... applies to awards in quite different cases involving ... malicious behavior and dangerous activity carried on for the purpose of increasing a tortfeasor's financial gain.
Output: non-overruling
the legislative history informs our interpretation of  1498.
Output: non-overruling
recently, this court receded from hallman to the extent that we held that all newly discovered evidence claims should now be brought in a motion pursuant to florida rule of criminal procedure 3.850 and that such claims would not be cognizable in an application for writ of error coram nobis unless the defendant was not in custody.
Output: overruling
jackson, 177 so. 3d at 932 (quoting inmin v. state, 668 so. 2d 152, 155 (ala. crim. app. 1995), citing in turn bamberg v. state, 611 so. 2d 450, 452 (ala. crim. app. 1992)).
Output: non-overruling
the commission further held that the swb could rely upon earlier reprimands in issuing future discipline.
Output: non-overruling
nowhere does peaches explain what remedy she would have had if the victim had refused her entry or ejected her from his home.
Output: non-overruling
he alleges only that counsel was tardy in passing on the revised plea offer.
Output: non-overruling
people v. reid, 136 ill. 2d 27, 38 (1990).
Output: non-overruling
accordingly, we quash the decision below and disapprove the first district's decision in toner.
Output: overruling
therefore, we overrule ortiz and johnson to the extent that they hold that facts gathered during a valid traffic stop cannot be utilized to justify an investigatory detention occurring after a police officer has indicated that a defendant is free to leave.
Output: overruling
williams co. v. director of revenue, 799 s.w.2d 602 (mo.banc 1990), is overruled to the extent it holds that the fifty-percent threshold requirement of section 143.431.3(1) is constitutionally valid.
Output: overruling
the district court dismissed smith's ada claims against dmh as barred by the eleventh amendment.
Output: non-overruling
see crowell constructors, inc. v. state ex rel. cobey, 328 n.c. 563, 563-64, 402 s.e.2d 407, 408 (1991); mckinney v. duncan, ___ n.c. app. ___, ___, 808 s.e.2d 509, 512 (2017) (""the order is devoid of any stamp-file or other marking necessary to indicate a filing date, and therefore it was not entered.
Output: non-overruling
of most relevance here, the u.s. bank action was filed on september 15, 2010, in the u.s. district court for the northern district of texas by u.s. bank national association (""u.s. bank""), the entity appointed litigation trustee in idearc's bankruptcy, to recover funds for the benefit of idearc debt securities holders and other creditors.
Output: non-overruling
reyes also appears to assert the district court improperly did not permit him to file a reply after the state filed its opposition to his petition.
Output: non-overruling
to the extent that the holding in wilson v. bureau of state police, supra, conflicts with this opinion, it is overruled.
Output: overruling
see pa.r.d.e. 218(f).
Output: non-overruling
and, porter's cited authority, walton gen. contractors, inc. v. chicago forming, inc., 111 f.3d 1376, 1385 (8th cir. 1997) is inapposite.
Output: non-overruling
because aspects of the analysis in kuha are inconsistent with our opinion today, and are likely to sow confusion if left undisturbed, we abandon part ii.c of our opinion in kuha as circuit precedent.
Output: overruling
also, to the extent that colvin, green, and other cases are in conflict with our holding today, they are overruled.
Output: overruling
voisine and armstrong filed a joint petition for certiorari, and shortly after issuing castleman , this court (without opinion) vacated the first circuit's judgments and remanded the cases for further consideration in light of that decision.
Output: overruling
even if his earlier filings had passed muster, trying a case is more difficult than drafting minimally coherent documents.
Output: non-overruling
accordingly, we approve the decision of the fifth district court of appeal in the instant case and expressly disapprove the decision of the second district court of appeal in hofeling to the extent that it is inconsistent with the dictates of this opinion.
Output: overruling
narrowstep, 2010 wl 5422405, at *12.
Output: non-overruling
to the extent that lee v. state, 490 p.2d 1206, 1210 (alaska 1971), holds otherwise, we hereby overrule that case.
Output: overruling
it was the day after this incident that the defendant called a friend and said, ""[t]hank god [the victim] didn't open the door because i would have kill[ed] her because i had a knife in my hand.""
Output: non-overruling
to the extent that our holdings in dove, 710 p.2d 170, and cannon, 692 p.2d 740, do not abide by the bright-line standard articulated in rule 7(f)(2), we overrule those cases.
Output: overruling
we disapprove the decision in mierzwa.
Output: overruling
our cases to the contrary are overruled.
Output: overruling
the court of criminal appeals resolved the certified question by holding that the badt fee statute violates ""due process principles.""
Output: non-overruling
hope was not required to file a claim for new injury under code  65.2-601.
Output: non-overruling
today, we reverse the judgment of the trial court and overrule that decision.
Output: overruling
moreover, here, it was not only foreseeable that the co-employees would negligently fail to install the guardrails, it had actually occurred many times in the past.
Output: non-overruling
in sheppard, the fourth district court of appeal disagreed, expressly rejecting sagaert, and stating that to allow the provision's application to repayment proceedings would be an inappropriate invasion by the judiciary into the legislative arena, contrary to the constitutional mandate which separates the two respective governmental powers.
Output: overruling
we recede from prior opinions inconsistent with this holding.
Output: overruling
2 k. o'malley, j. grenig, & w. lee, federal jury practice and instructions: criminal  31:03, p. 225 (6th ed. 2008) (emphasis added); see also id.,  31:02, at 220 (explaining that a defendant must ""intend to agree and must intend that the substantive offense be committed "" (emphasis added)).
Output: non-overruling
68 and yet the court's analysis unmistakably demanded of mr. talley something more than notice-pleading.
Output: non-overruling
he appears to be smooching a large wad of money.
Output: non-overruling
undeniably, the complaint paints a disturbing picture of some segregated and underperforming schools in and around the twin cities. although it is true that the judicial branch must ""say what the law is,"" marbury, 5 u.s. (1 cranch) at 177, it is also true that ""[q]uestions, in their nature political, . . . can never be made in this court,"" id. at 170.
Output: non-overruling
such case is hereby overruled insofar as it holds the form of the complaint and information was not subject to the exception.
Output: overruling
to the extent that people v. ulibarri, supra, can be read to hold that a defendant's failure to attend a suppression hearing automatically triggers an abandonment of the right to seek exclusion of or object to the challenged evidence, we decline to follow it.
Output: overruling
because the defendant had agreed not to attempt to enforce either provision against the plaintiff, the court did not determine whether either was enforceable.
Output: non-overruling
still other states with a similar rule of evidence to tenn.r.evid. 404 have concluded that the sex crimes exception cannot be reconciled with the restrictive language of tenn. r.evid. 404; as a result, they have overruled prior cases to the contrary and expressly rejected the "sex crimes" exception, holding instead that evidence of prior sexual misconduct is governed by the same evidentiary rules as evidence of other non-sexual misconduct.
Output: overruling
we need rely only on the following ground to affirm: a reasonable person could have denied the ad&d claim based on captain eck's pre-existing condition having contributed to his cause of death.
Output: non-overruling
the post-conviction court failed to address whether counsel provided ineffective assistance by failing to challenge the petitioner's conviction for aggravated robbery relative to ms. williams in its written order.
Output: non-overruling
the speedy trial clock tolled from february 28 until march 1, 2017, while martin was without counsel.
Output: non-overruling
to the extent that lee suggests a hard-and-fast rule that there can be no claim for negligent display of merchandise, the suggestion conflicts with the general rule of landowner liability that we have described, and we disavow it.
Output: overruling
defendant having moved for leave to prosecute, as a poor person, the appeal taken from a judgment of the supreme court, bronx county, rendered on or about may 15, 2017, for leave to have the appeal heard upon the original record and a reproduced appellant's brief, and for related relief, now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon, it is ordered that the motion is granted to the extent of permitting the appeal to be heard on the original record, except that a certified copy of the indictment(s) shall be substituted in place of the original indictment(s), and upon a reproduced appellant's brief, on condition that appellant serves one copy of such brief upon the district attorney of said county and files 8 copies of such brief, together with the original record, pursuant to rule 600.11 of the rules of this court.
Output: non-overruling
we expressly disapprove and overrule the procedure of converting the appeal from a non-final judgment to a supervisory writ and then considering the merits, as was done in karim v. finch shipping co., ltd., and walker, bordelon, hamlin, theriot and hardy, etc. v. dowe.
Output: overruling
i agree with judge kerner's opinion to the extent that it affirms the judgment appealed from and that victor v. lane, 394 f.2d 268, a previous decision of this court, should be overruled.
Output: overruling
id. perry has not identified any out-of-court statements he gave under compulsion.
Output: non-overruling
see bagnara, 189 so. 3d at 172 (counsel's failure to properly move for joa when state did not prove value element of grand theft constituted ineffective assistance of counsel on the face of the record); gordon v. state, 126 so. 3d 292, 295-96 (fla. 3d dca 2011) (counsel's failure to properly move for joa when state did not prove all of the elements of charged crime constituted ineffective assistance of counsel on the face of the record).
Output: non-overruling
this decision will be consistent with quenzer in general, although a somewhat different factual situation on jurisdiction was presented and expressly supersedes rosics in regard to the unmentioned pkpa-defined retained decree state jurisdiction.
Output: overruling
in so agreeing, we overrule our holding in the matter of t r w , 533 s.w.2d 139, 142 (tex.civ.app. dallas 1976, no writ) insofar as we left to the discretion of the trial court whether to hear additional evidence or to render a different disposition, rather than render a proper order.
Output: overruling
awards of enhanced damages under the patent act over the past 180 years establish that they are not to be meted out in a typical infringement case, but are instead designed as a ""punitive"" or ""vindictive"" sanction for egregious infringement behavior.
Output: non-overruling
we therefore recede from that part of rivera holding that the form of the objection was facially insufficient to trigger an inquiry under abshire- melbourne as to whether a peremptory challenge was being improperly exercised.
Output: overruling
bu does not even suggest that these results were accomplished by following the specification's teachings, or that achieving these results was within an ordinary artisan's skill as of the patent's effective filing date.
Output: non-overruling
in the instant case, since the subject matter of the cross-examination did not concern prior crimes, acts or misconduct of the accused, a johnson hearing was not required.
Output: non-overruling
having previously granted certiorari, we overrule the opinion of the court of appeals rendered in mullins v. john zink co., 733 p.2d 888 (okla.app. 1986), and affirm the opinion of the court of appeals herein.
Output: overruling
texas defines ""bodily injury"" as ""physical pain, illness, or any impairment of physical condition.""
Output: non-overruling
xtreme lashes, 576 f.3d at 228.
Output: non-overruling
to the extent, therefore, that fuentes may be considered an opinion of this court, we admit our error and disapprove it.
Output: overruling
we do not think the reasoning in elkins is persuasive, however, and to the extent that the holding in that case conflicts with this opinion, it is disapproved.
Output: overruling
appellant francisco salazar appeals his convictions for one count of continuous sexual abuse of a child, one count of indecency with a child by sexual contact, and one count of sexual assault of a child.
Output: non-overruling
moreover, here, as in ankrom, hicks followed the denial of her motion to dismiss the indictment with the entry of a guilty plea.
Output: non-overruling
1989), can be read to conflict with our holding herein, and is to that extent overruled, we note that the petitioner in that case was not indigent and had already obtained an investigator at his own expense.
Output: overruling
we therefore overrule the barker decision and adopt the economic interest rule as the test for determining the tax treatment of income derived from hard mineral extraction agreements.
Output: overruling
because there was admissible evidence to support the accusation that beavers possessed a firearm while he was a convicted felon in violation of north carolina law, which constituted a violation of the conditions of his probation, we disagree that the evidence was insufficient to support the trial court's revocation of his probation.
Output: non-overruling
any language in shymanovitz to the contrary is disapproved.
Output: overruling
approximately one hour after beginning deliberations, the jury asked the following question: ""which one of proof need only one to be true?""
Output: non-overruling
however, we do not read section 58-37-13 to require a showing of a profit motive on the part of the person involved in the transportation and distribution of drugs; to the extent one porsche is contrary it is overruled.
Output: overruling
that interest continued intact following issuance of the checks and their deposits into their joint back account.
Output: non-overruling
with regard to the conflict cases, we disapprove the decisions in israel and miller to the extent that they rejected the inherent authority of the trial court as a basis for awarding attorneys' fees.
Output: overruling
therefore,  39-17-417 is divisible among the various subsections with respect to drug type and quantity, and the record documents further make clear that petitioner was convicted of violating subsections (a)(4) and (g)(2), see ar 821-825, which only apply to possession with intent to manufacture, deliver, or sell between ten and seventy pounds of marijuana.
Output: non-overruling
we therefore disavow the wording in the willys jeep case and similar wording in other cases and decline to address plaintiffs' argument that idaho code section 391392b is patently absurd when construed as written.
Output: overruling
opn.] [ 97 cal.rptr. 40]; people v. miller, 12 cal.app.3d 922, 934 [ 91 cal.rptr. 97].)
Output: overruling
plaintiff's motion should have been denied, since the new evidence that plaintiff submitted in support of renewal, a loan document purporting to reduce the interest rate to the legal rate in the event of a finding of usury, would not change the prior determination that the loan was criminally usurious (see bakhash v winston, 134 ad3d 468 [1st dept 2015]; cplr 2221[e][2]).
Output: non-overruling
plaintiff argues the trial court's finding the closure ""relates to"" harassment of seals is supported by substantial evidence.
Output: non-overruling
our review of this appeal reveals a jurisdictional defect.
Output: non-overruling
we disapprove of all portions of prior opinions of this court to the extent the court concluded otherwise, including, but not limited to, the rule 45 analysis in the following cases:
Output: overruling
in that case the biological mother gave her consent to adoption and then sought to withdraw it.
Output: non-overruling
we now overrule our prior decisions in williams and nikaido, and hold that wetzel's claim was not time-barred under the applicable statute of limitations.
Output: overruling
2011) (declining to resolve ""fundamental constitutional questions"" involving other branches of government).
Output: non-overruling
the opening statement was based on what the prosecutor intended to prove by the evidence.
Output: non-overruling
we now affirm the district court and overrule acorn, but only to the extent it is inconsistent with our en banc decision in this case.
Output: overruling
because division of labor law enforcement v. barnes, supra, 205 cal.app.2d at p. 346, erroneously relied on jeffreys v. hancock (1881) 57 cal. 646, it held that an attachment defendant may not sue for damages arising from an alleged wrongful attachment in the same action in which the attachment issued, and to that extent it must be disapproved
Output: overruling
over a year later, debora filed a pro se motion for release (satisfaction) of judgment based upon a release entered into between ryan and brewer, prior to the entry of judgment against debora.
Output: non-overruling
language in people v. harrison, 176 cal.app.2d 330 [ 1 cal.rptr. 414], inconsistent with this holding, is disapproved.
Output: overruling
as previously noted, we overrule in re hayes, supra, 70 cal.2d 604, 75 cal.rptr. 790, 451 p.2d 430, and disapprove people v. harrison, supra, 1 cal.app.3d 115, 81 cal.rptr. 396.
Output: overruling
the contrary holding in prendiville v. contemporary homes, inc., 32 kan.app.2d 435, 83 p.3d 1257, rev. denied 278 kan. 847 (2004), is overruled.
Output: overruling
however, even accepting that the initial stop was justified and the decision to impound the vehicle was not pretext for searching miller's vehicle without a warrant, i believe the mere existence of a police department policy is insufficient to satisfy the state's burden of proving the applicability of the inventory search exception to the fourth amendment.
Output: non-overruling
1981), and sandefer v. reynolds securities, inc., 44 colo. app. 343, 618 p.2d 690 (1980), are overruled to the extent inconsistent with this opinion.
Output: overruling
##note: am. fed'n. labor v. unemployment ins. app. bd. is the case at bar, reversed.
Output: overruling
we therefore overrule webb and find that risinger and its progeny do not violate the principles of equal protection.
Output: overruling
we reverse and remand for further proceedings not inconsistent with this opinion.
Output: non-overruling
having concluded that the statutory analysis set forth in shannon, part ii was fundamentally flawed, we now depart from its holding that krs 503.120 (1) precludes the assertion of self-protection and the other krs chapter 503 justifications as defenses to charges of wanton murder, second-degree manslaughter, or reckless homicide (as well as to charges of wanton or reckless assault), and reinstate the holdings in thompson v. commonwealth, supra, and kohlheim v. commonwealth.
Output: overruling
any implication of floyd contrary to our decision in the case at bar is disapproved.
Output: overruling
at the time the trial court entered its final judgment of dismissal in march 2016, the case law in this area was arguably in a state of flux, but that is no longer the situation.
Output: non-overruling
pockman v. leonard, supra, 39 cal.2d 676, holding to the contrary, is overruled.
Output: overruling
in so holding, we overrule moore v. skiles and the cases that have followed it.
Output: overruling
interlocutory appeal from the district court
Output: non-overruling