niryuu/sni-each-converted huggingface dataset:
accordingly, we disapprove of our statement in chhom, 128 wash.2d at 741, 911 p.2d 1014, defining the criminal result of rape of a child as sexual intercourse alone.
Output: overruling
movement across a room to facilitate a robbery might be essential to the commission of the robbery but be incidental thereto within the meaning of daniels. insofar as such cases are inconsistent with the views expressed herein they are disapproved.
Output: overruling
ocga  19-7-3 (c) (1).
Output: non-overruling
the victim told police that she thought she heard a trigger being pulled, but neither of the guns went off. during his plea colloquy, defendant agreed that the victim ""was afraid that [defendant] was going to shoot her.""
Output: non-overruling
however, our discussion above of the supreme court cases indicates that the jurisdictional label has often been used loosely, and sometimes interchanged in the same opinion with statute of limitations terminology.
Output: overruling
to the extent that the previous decisions of this court in jackson, lundy and peterson are inconsistent with this holding, we hereby recede from them.
Output: overruling
courts must construe briefs ""reasonably yet liberally.""
Output: non-overruling
the district court found that visitation with rohmiller and clayton was in b.h.'s best interests because b.h. would likely suffer emotional harm if ties to the maternal family were severed.
Output: non-overruling
in light of the test set forth in brown, supra, it is readily apparent that the language in branch and draper is no longer valid, therefore we expressly overrule the aforementioned language contained in branch and draper.
Output: overruling
but any language in the fried case which is inconsistent with this opinion is hereby overruled.
Output: overruling
we do recede from rotenberry v. state, 468 so.2d 971 (fla. 1985), to the extent that it may be read to be in conflict with this decision.
Output: overruling
in reaching this conclusion, the court stated that it believed the sequence of events as documented in kinney's arrest report that the officer was beginning to pat down defendant when defendant dropped the backpack.
Output: non-overruling
a person who intentionally and with premeditation ""causes the death of another human being"" is guilty of first-degree murder.
Output: non-overruling
see wis. stat.  808.10 and rule 809.62. cir. ct. nos. 2016tp238
Output: non-overruling
because his indictment refers only to those facts, he argues that no crime was occurring after the officers fell to the pavement.
Output: non-overruling
""stated differently, relief may be granted only where there 'is a probability sufficient to undermine confidence in the outcome,' i.e., there is a 'substantial, not just conceivable, likelihood of a different result.'""
Output: non-overruling
people v. suarez, 224 ill. 2d 37, 47, 862 n.e.2d 977, 982 (2007).
Output: non-overruling
to the extent larabee is contrary to this opinion, it is overruled.
Output: overruling
nabors drilling, u.s.a., inc. v. escoto, 288 s.w.3d 401, 404 (tex. 2009).
Output: non-overruling
title vii's administrative exhaustion requirement is not a jurisdictional bar to suit but rather a prudential prerequisite under our binding precedent, and fort bend forfeited its exhaustion argument by not raising it in a timely manner before the district court.
Output: non-overruling
however, we now specifically overrule the holdings in the case of city of kingfisher v. altizer, 13 okla. 121, 74 p. 107, and other cases of similar import of effect that plaintiff in an action for personal injury need not in any case submit to a physical examination.
Output: overruling
a.a.b. is not harmed by our decision to disavow this aspect of m.e.r.
Output: overruling
183, 205 (1810) (""[a] statute is to be so construed, that no clause, sentence or word shall be void, superfluous, or insignificant."").
Output: non-overruling
first, the plaintiff must establish ""a prima facie case of retaliation.""
Output: non-overruling
likewise, the commission's functions, and the commission itself, were dependent on the rules and could not be severed.
Output: non-overruling
the third and fifth district courts of appeal have concluded, consistent with the first district, that miller is not retroactive, while the second and fourth district courts of appeal have held, to the contrary, that it is.
Output: overruling
wilson was disapproved on other grounds in kellett v. superior court (1966) 63 cal.2d 822, 827 [ 48 cal.rptr. 366, 409 p.2d 206], but the court in kellett nonetheless agreed that the flight from the officer constituted a separate offense from the procurement and threatened use of the gun.
Output: overruling
we also disapprove the language from hilton suggesting that an offer of proof must vouch for the anticipated testimony.
Output: overruling
the court of appeals panel erred in anderson, and we overrule that decision.
Output: overruling
see also figgins v. cochrane, 403 md. 392, 409 (2008) (""if any competent material evidence exists in support of the trial court's factual findings, those findings cannot be held to be clearly erroneous."")
Output: non-overruling
any language to the contrary in prendiville or other cases is overruled.
Output: overruling
the committee's use of the possessive pronoun to reference ""place of business"" (as used in penal law  400.00), akin to the construction employed by penal law  265.03 (3) (""such person's . . . place of business""), demonstrates that, consistent with the legislative effort to standardize this act, ""place of business"" was meant to be a uniform phrase in these sections of the penal law (see matter of dutchess county dept. of social servs. v. day, 96 ny2d 149, 153 [2001] [""[c]ourts must harmonize the various   provisions of related statutes and . . . construe them in a way that renders them internally compatible""] [internal quotation marks and citation omitted]; yatauro v mangano, 17 ny3d at 427).
Output: non-overruling
richard's attempts to rely on the circumstances of his injury and medical treatment to undermine the validity of his miranda waiver and statement to weirauch are unavailing.
Output: non-overruling
we note that the supreme court has expressly disapproved of the practice of relying on statements in separate opinions to determine whether a case has been overruled.
Output: overruling
mendez and alterra healthcare are not in accord with this principle.
Output: overruling
his prejudice arguments necessarily depend on his argument that his mental state was compromised at the time of his pleas, which we determined was not borne out by the record in the context of his due process claim.
Output: non-overruling
easiest way to see the majority's error is to take its own example: an airline passenger who rejects a $300 voucher for taking a later flight.
Output: non-overruling
accordingly, we approve in part and quash in part the district court's decision in this case; we disapprove liu v. mandina, 396 so.2d 1155 (fla. 4th dca 1981); and we direct that this cause be remanded for further proceedings consistent with this opinion.
Output: overruling
loudermill, 470 u.s. at 546.
Output: non-overruling
in light of the unmistakable language in lincoln savings loan that "the presence of an ensuing benefit ... is not controlling," we conclude that such parts of richmond television, darlington-huntsville, and georator as may be interpreted as establishing a one-year standard for distinguishing between capital and current costs, are no longer authoritative.
Output: overruling
that distinction does not affect our holding, however, because we overrule the primary holding of huss on the basis of koon.
Output: overruling
##note: people v. jones was reversed not overruled.
Output: overruling
the federal immigration judge and the board of immigration appeals (bia) found respondent removable, but the ninth circuit summarily remanded in light of its earlier penuliar decision holding that "aiding and abetting" a theft is not itself a crime under the generic definition of theft.
Output: overruling
bradford and hollingsworth are overruled to the extent that they hold that  5g1.2(d) is discretionary and that remand is necessary where the apprendi violation can be cured by running sentences consecutively under that section.
Output: overruling
to the extent our decisions in brown, beale, and later cases, e.g., watson v. united states, 612 a.2d 179, 182 (d.c. 1992), impose a more exacting standard of relevance, we disavow them.
Output: overruling
the case has never been cited in texas and we regard the holding to be contrary to subsequent supreme court and commission of appeals decisions and that it has therefore been overruled.
Output: overruling
any language in the bleuer case in conflict with or contrary to the opinion expressed herein is withdrawn and disapproved.
Output: overruling
unpublished presque isle circuit court family divisionlc no. 15-084025-ds after remand before: m. j. kelly, p.j., and ronayne krause and boonstra, jj. per curiam.
Output: non-overruling
the timeliness of bradshaw's attempt to obtain a pdr rehearing determines when his conviction became final and when the limitations period began to run.
Output: non-overruling
to the extent the holdings in glick, contestible, moreland and sunshine realty are in conflict with the requirements of due process, they are overruled.
Output: overruling
however, in both these cases, the children had a permanent, stable home with their biological mothers, and there was ""no expectation that they would ever be put up for adoption""; thus, termination of these fathers' parental rights was not warranted.
Output: non-overruling
because brown is inconsistent with both the plain language of the mail fraud statute and precedents of the supreme court, we overrule brown and hold that the district court did not err when it gave the pattern jury instruction for mail fraud.
Output: overruling
finally, although thomas did not appear to have a possessory interest in the taxi, we have held that a permissible inference may be drawn that people who know each other and are traveling together in a vehicle ""in circumstances indicating drug use or selling activity are operating together, and thus are sharing knowledge of the essentials of their operation.""
Output: non-overruling
the cases of louisville and jefferson county planning and zoning commission v. grady, ky., 273 s.w.2d 563, and boyd v. louisville and jefferson county planning and zoning commission, 313 ky. 196, 230 s.w.2d 444, are expressly overruled.
Output: overruling
""based on these medical reports and the testimony before it, the board of appeals was unable to conclude or find as a matter of fact that eberle's permanent disability"" was the natural and proximate result of his workplace accidents required for him to receive accidental disability retirement benefits.
Output: non-overruling
to the extent treadwell, supra at 742743, 684 s.e.2d 244 and wilkes v. state, 293 ga.app. 724, 726(2), 667 s.e.2d 705 (2008) can be interpreted to hold otherwise, they are overruled.
Output: overruling
in hall, for example, a capital murder case, we evaluated the prosecutor's statements that ""the only thing colder than the grave of [the victim] is [the defendant's] heart"" and that, after shooting a store clerk in the head, the defendant ""walked out coolly, calmly, and collected, with a .357 revolver waving at patrons in the store.""
Output: non-overruling
to the extent the plaintiffs had suggested there must be a defect because of the ""high"" incidence of repair, ""they allege[d] no facts that give meaning to the term 'high.'""
Output: non-overruling
to the extent that they follow or approve of the holding in ex parte erwin, supra, the following cases are also overruled.
Output: overruling
accordingly, we are compelled to declare la.civ. code art. 160 unconstitutional as violative of the equal protection clauses of the state and federal constitutions and to overrule loyacano v. loyacano
Output: overruling
""when a defendant moves for dismissal, the trial court is to determine whether there is substantial evidence (a) of each essential element of the offense charged, or of a lesser offense included therein, and (b) of defendant's being the perpetrator of the offense.""
Output: non-overruling
in re rubottom is incorrect and must be overruled.
Output: overruling
the holding of travelers express co., inc. v. rener, 493 s.w.2d 549 (tex.civ.app. 1973, no writ) is disapproved.
Output: overruling
( 4056, subd. (a)(3).)
Output: non-overruling
""[a] prima facie case of good faith purpose is achieved by the mere allegation . . . that the information sought is for a proper purpose.""
Output: non-overruling
it was the petitioner's burden to prove that the statute of limitations should   be tolled on due process grounds.
Output: non-overruling
accordingly, we approve the third district's decision in this case and disapprove gill to the extent that it is inconsistent with this opinion.
Output: overruling
see brown v. state,
Output: non-overruling
to the extent that our writing in hilltop village is inconsistent with what is said here, the former opinion is overruled.
Output: overruling
all other amendments require the court's permission or a stipulation of the parties.
Output: non-overruling
{ 31} we find that the contempt in this case was criminal in nature.
Output: non-overruling
##note: people v. davis was affirmed not overruled.
Output: overruling
we have concluded that sheehan should be overruled and that the opinion of the court of appeal prepared by justice bray and concurred in by presiding justice pierce and justice regan, as modified, correctly treats and disposes of the constitutional question presented.
Output: overruling
see state v. white (white i), 815 p.2d 869 (ariz.
Output: non-overruling
but a rule in which this court ""ma[de] a certain fact essential to the death penalty ... would be substantive""; it would change the range of conduct warranting a death sentence.
Output: non-overruling
the court today provides no assurance that plea deals negotiated in good faith with guilty defendants will remain final.
Output: non-overruling
we consider this case en banc in order to recede from this court's opinion in williams v. state, 409 so.2d 253 (fla. 4th dca),rev. denied, 417 so.2d 331 (fla. 1982) to the extent that it conflicts with our decision here.
Output: overruling
see, e.g., frechette, 583 f.3d at 378-79 (16 months); morales-aldahondo, 524 f.3d at 119 (three years).
Output: non-overruling
accordingly, we now overrule chard and disavow statements in subsequent cases suggesting its correctness.
Output: overruling
we thus overrule marcum, american surety co. of n.y. and harrod, supra, to the extent that they approve submitting the issue to the jury, and other cases that leave this question to the jury.
Output: overruling
the fifth circuit relied on harbison v. bell, 556 u. s. 180 (2009), in which a prisoner appealed from an order that denied counsel under 3599 for a state clemency proceeding but that did not address the merits of any habeas petition.
Output: non-overruling
davis v. united states, 564 u.s. 229, 236-37 (2011).
Output: non-overruling
however, appellant's defensive theories   strengthened the state's need for this evidence.
Output: non-overruling
we further recede from our decisions in metropolitan dade county v. marusa, 295 so.2d 704 (fla. 3d dca 1974), and victor v. stierheim, 380 so.2d 1319 (fla. 3d dca 1980), to the extent that they may conflict with our holding in the present case.
Output: overruling
further, to the extent that any of this court's other reported opinions suggest an analysis contrary to the one set forth today, they are hereby disavowed.
Output: overruling
to the extent that paprskar v. state, supra, applied the general test of waiver of constitutional rights set forth in johnson v. zerbst, supra, it is no longer viable.
Output: overruling
wachter v. united states, 689 f. supp. 1420, 1422 (d. md. 1988) (applying maryland law); hales v. pittman, 576 p.2d 493, 499 (ariz.
Output: non-overruling
thus, given the lack of meaningful analysis in gonzalez, that the gonzalez court misconstrued watson, and, critically, that the decision was at odds with well established case law, we now come to the conclusion that it must be overruled.
Output: overruling
the supreme court said that the paroline factors are ""rough guideposts for determining an amount that fits the offense.""
Output: non-overruling
finally, to the extent that schenck holds that there is no fiduciary duty on the part of the introducing broker in circumstances similar to those presented in the case at bar, we reject the holding.
Output: overruling
but the most relevant definition of ""such"" is ""of the character, quality, or extent previously indicated or implied.""
Output: non-overruling
to the extent that stalvey, 25 fla. l. weekly at d961, hoffman, 745 so.2d at 987, siddal, 728 so.2d at 364, whiting, 711 so.2d at 1214, andharrell, 691 so.2d at 46, held that as a matter of law a trial court is precluded from considering the applicability of section 921.0016(4)(f) to crimes involving sexual conduct with minors, we disapprove those decisions.
Output: overruling
holds otherwise, it is hereby overruled.
Output: overruling
we agree with the court of appeals and the dissent, post, at 324-325 (opinion of thomas, j.), that "[t]he settlement agreement and promissory note here, coupled with the broad language of the release, completely addressed and released each and every underlying state law claim.
Output: overruling
to the extent that they are inconsistent with the supreme court's holding, thus overruled is a line of decisions by this court which had previously upheld the validity of the cited court of appeal rule on the question, including:
Output: overruling
and the village's argument on this point.
Output: non-overruling
construed in a light most favorable to support the jury's verdict, the evidence was sufficient to authorize a rational trier of fact to find edge guilty beyond a reasonable doubt of peeping tom.
Output: non-overruling
he filed a ""motion to suppress and motion to dismiss vindictive prosecution"" in which he argued that the trial court should exclude ""all evidence resulting from [his] detention and arrest"" because the arrest and the search of his person violated his constitutional rights.
Output: non-overruling
i disagree, however, with the majority's decision to overrule state v. smith, 200 conn. 465, 512 a.2d 189 (1986), and state v. tatum, 219 conn. 721, 728, 595 a.2d 322 (1991).
Output: overruling
id. at 133.
Output: non-overruling
accordingly, to the extent our decision in ashness is inconsistent with this opinion, we decline to follow it.
Output: overruling
higgins v. am. nat'l gen. ins. co., 01-193 (la. app. 5 cir. 9/25/01); 798 so.2d 1078, 1083.
Output: non-overruling
we also overrule or disapprove of the following cases to the extent they permitted special verdict forms in habitual offender proceedings which did not allow the jury to find that the defendant was not a habitual offender even though there was a finding that the state had proven beyond a reasonable doubt that defendant had accumulated two prior unrelated felony convictions
Output: overruling
the holding in farnsworth, supra, is overruled.
Output: overruling
to the extent they are inconsistent with our analysis, we disapprove darden v. general motors corp., supra, 40 cal.app.4th 342, and its progeny, barr v. acands, inc. (1997) 57 cal.app.4th 1038.
Output: overruling
## note: could not find overruling language specifically for each of the cases listed in the snippet.
Output: overruling
state v. jefferson, supra; state v. williams, supra and state v. beard, supra, are therefore overruled to the extent that they are in conflict with this opinion.
Output: overruling
g. state writ petition
Output: non-overruling
it is rare that a sentence is so grossly disproportionate to the crime as to meet the threshold inquiry.
Output: non-overruling
to the extent that mcsheridan holds section 502(b)(6) to be a limit on tort claims other than those based on lost rent, rent-like payments or other damages directly arising from a tenant's failure to complete a lease term, it is overruled.
Output: overruling
however, if it is shown on the trial of a felony of the second degree that the defendant has previously been convicted of a felony, then on conviction the defendant shall be punished for a felony of the first degree.
Output: non-overruling
father's remaining issues challenge various provisions of the trial court's modification order.
Output: non-overruling
to the extent that any dicta therein may impliedly suggest that intent is a necessary ingredient of the element of concealment, we decline to follow it, in light of our en banc holding today.
Output: overruling
thus the reasoning of the court of appeals in trulock was unsound.
Output: overruling
we, therefore, overrule jackson and its progeny and hold that where the evidence authorizes a finding that a defendant's reckless conduct is an included crime in an aggravated assault, verdicts finding him guilty of both of those offenses are not mutually exclusive.
Output: overruling
to the extent dye, 2009 ok 52, 230 p.3d 507,griffith, 2009 ok 51, 230 p.3d 488, and cossey, 2009 ok 6, 212 p.3d 447 conclude otherwise, they are overruled.
Output: overruling
to the extent that foster holds otherwise, it is overruled.
Output: overruling
rather, by en banc opinion, we recede from a portion of our earlier decision in allstate insurance co. v. sutton, 707 so.2d 760 (fla. 2d dca 1998), and deny mr. king's motion for attorneys' fees.
Output: overruling
the minnesota legislature similarly limited the lewis court's holding.
Output: overruling
2. evidence of the defendant's prior bad acts.
Output: non-overruling
bottoson, 833 so.2d at 695 (citing hildwin v. florida, 490 u.s. 638, 109 s.ct. 2055, 104 l.ed.2d 728 (1989); spaziano v. florida, 468 u.s. 447, 104 s.ct. 3154, 82 l.ed.2d 340 (1984); barclay v. florida, 463 u.s. 939, 103 s.ct. 3418, 77 l.ed.2d 1134 (1983)).
Output: non-overruling
instead, they clandestinely and deceitfully listed derek as bobby's father.
Output: non-overruling
we disapprove britton, supra, 156 cal.app.3d 689, sedillo, supra, 135 cal.app.3d 616, and palmquist, supra, 123 cal.app.3d 1, to the extent they suggest otherwise.
Output: overruling
on appeal, bailey contends that the trial judge abused his discretion in not finding that bailey had presented a prima facie case concerning his batson challenge and that the judge failed to follow proper procedure once bailey had made his prima facie showing.
Output: non-overruling
fontenot v. petmecky is overruled.
Output: 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.
Output: non-overruling
after the august 4, 2015 judgment, frauenshuh had no reason to perceive any judicial error with respect to the association's claim against frauenshuh for kraus-anderson's defective construction, and frauenshuh's rule 60.02 motion is not based on a judicial error in the district court's original ruling.
Output: non-overruling
based on the foregoing reasoning, we approve the second district's holding in c.e.l. and disapprove of the third district's opinion in d.t.b.
Output: overruling
id.  717f(e). once ferc makes that required finding and issues a ""certificate of public convenience and necessity"" (""certificate""), a pipeline company can begin construction.
Output: non-overruling
see gtech (wherein gtech had an exclusive remedy in the procurement code's bid protest procedure - which was litigated to a final determination and was on appeal to this court - but had no other remedy at law to challenge the department of revenue's refusal to act in accordance with the procurement code's bid protest procedures).
Output: non-overruling
to the extent our statements in bullfrog marina, inc., eie, spears, and hall suggest that extrinsic evidence of a separate oral agreement is admissible where the contract contains a clear integration clause, we disavow them.
Output: overruling
this action is premised on smythe's activities driving for lyft, and has nothing to do with his ""identity"" as a driver for uber.
Output: non-overruling
see id., at 134135, 75 s.ct. 623.
Output: non-overruling
and, the persuasive impact of floyd's confessions must be scrutinized in the light of all the   evidence, presented at trial and new.
Output: non-overruling
limiting the assertion to the facts of this case, the respondent actually did propose that i rely on the unaffected market price.
Output: non-overruling
to the extent that syllabus point 3 of state v. caudill, 170 w.va. 74, 289 s.e.2d 748 (1982) is inconsistent, it is hereby modified.
Output: overruling
to the extent that our decision in united states v. albertini, 830 f.2d 985 (9th cir. 1987), conflicts with rodgers, we overrule albertini.
Output: overruling
to the extent that plant economy, inc. v. mirror insulation co., supra, holds otherwise that case is overruled.
Output: overruling
the plaintiff, whose marriage to the defendant previously had been dissolved, appealed to this court from the judgment of the trial court denying his motion to modify the dissolution judgment by terminating his alimony obligation because of the defendant's alleged cohabitation with her boyfriend.
Output: non-overruling
on this record we are unable to conclude with any degree of certainty that finneman received a fair trial on the charge of possession with intent to deliver, and we exercise our discretion and notice the obvious error on the charge of possession of 500 grams of marijuana with intent to deliver.
Output: non-overruling
we determine whether a person has a legitimate expectation of privacy on a ""case-by-case basis, considering the facts of each particular situation.""
Output: non-overruling
accordingly, we overrule the portions of tamara r. that are inconsistent with this holding.
Output: overruling
williams has not filed a response.
Output: non-overruling
nevertheless, to the extent that any or all of these opinions conflict with our holding herein that violation of a federal regulatory scheme will support a claim of negligence per se, they are expressly overruled.
Output: overruling
accordingly, we answer the certified question in the affirmative, disapprove deruyter, and approve the decision of the court below.
Output: overruling
to the extent they are to the contrary, wright v. state ex rel. patchin, 994 s.w.2d 100 (mo.app. 1999), and state ex rel. mather v. carnes, 551 s.w.2d 272 (mo.app. 1977), are overruled.
Output: overruling
those remaining charges proceeded to trial on march 28, 2008, in philadelphia municipal court.
Output: non-overruling
suarez-quilty also clearly acknowledged her unauthorized use of the credit card in her stipulation, admitting she violated rule 32:8.4(c) by committing the acts alleged in count vii (unauthorized use of credit card) of the board's complaint.
Output: non-overruling
neither pilothouse 60 itself nor the way in which it was discussed in conjunction with the motions in limine establishes that the trial court erred by excluding trimet's proffered evidence.
Output: non-overruling
therefore, we quash the fifth district's decision in taylor and disapprove its decision in cervino v. state, 785 so.2d 631 (fla. 5th dca 2001), to the extent it is inconsistent with this opinion.
Output: overruling
see bell v. state, 108 so. 3d 639, 648 (fla. 2013) (rejecting burden-shifting argument: ""when considered in context, the prosecutor's comment is properly understood as a statement on the jury's duty to analyze the evidence presented at trial followed by the prosecutor's argument regarding what conclusion the jury should reach from the evidence."").
Output: non-overruling
the accident report contains no reference to a low back injury.
Output: non-overruling
. hacker
Output: non-overruling
while the court of appeals' decision in brooks was very effective in advancing kentucky law on the issue of dissenters' appraisal rights, to the extent it is inconsistent with this opinion it is overruled.
Output: overruling
in my view, appellant adhered to the explicit requirements of our rules of civil procedure, and nothing more was required of her to preserve her claim.
Output: non-overruling
to the extent that east montgomery water, sewer fire protection authority v. water works sanitary sewer bd. of city of montgomery, 474 so.2d 1088 (ala. 1985), conflicts with this holding, it should no longer be followed.
Output: overruling
rush's remaining claim that the courtroom was closed during jury voir dire, in violation of her sixth amendment right to a public trial, is without merit and partially unpreserved.
Output: non-overruling
wages are considered ""due"" within the meaning of section 206 either when the employer concedes they are due or, when following investigation and hearing, the labor commissioner rules they must be paid.
Output: non-overruling
accordingly, we recede from this court's decision in donahue, and affirm appellant's conviction and sentence in all respects.
Output: overruling
in accordance with the above principles, we overrule bates v. donnafield, supra, insofar as it denied a woman a cause of action for loss of consortium.
Output: overruling
therefore, we reverse the decision of the commonwealth court and remand to that court for further proceedings in this matter not inconsistent with this opinion.
Output: overruling
shannon v. commonwealth, supra, at 548-51 (shannon, part i) readdressed this reasonable/unreasonable belief analysis, overruled baker and gray, and reinstated blake v. commonwealth.
Output: overruling
rompilla v. beard, 545 u.s. 374, 387, 125 s. ct. 2456, 162 l. ed. 2d 360 (2005).
Output: non-overruling
##note: morehart v. county of santa barbara is reversed, not overruled (same line of cases).
Output: overruling
in its haste to reduce the practically unmanageable volume of claims that presently may be brought by way of post-conviction habeas corpus under article 11.07, v.a.c.c.p., the majority has overruled yet another of its past decisions without adequate justification.
Output: overruling
since the last time we considered the rule in trig electric, other jurisdictions, including the ninth circuit court of appeals, have consistently held that these types of state claims are not preempted by erisa.
Output: overruling
although the majority did not address the continued viability of vogel, it has effectively been overruled.
Output: overruling
to the extent doneff v. treasurer of state of missouri , 965 s.w.2d 255 (1998), and brown are contrary to this opinion, they are overruled.
Output: overruling
in shapiro, the seventh circuit stated, 383 f.2d at 685, that it preferred the ali rule to other possible formulae on the ground that it resulted in a charge shorter, simpler, and more congruent to the expert testimony than the charge based on davis v. united states, 165 u.s. 373, 17 s.ct. 360, 41 l.ed. 750 (1897), which was a traditional test and itself based on m'naghten; it found the ali test more comprehensible than durham and more helpful to the jury.
Output: overruling
we have held that a district court's failure to give a heat-of-passion manslaughter charge to the jury does not prejudice a defendant when the jury is presented with second-degree intentional murder and first-degree premeditated murder and finds the defendant   guilty of first-degree premeditated murder.
Output: non-overruling
id. (quoting riyaz a. kanji, the proper scope of pendent appellate jurisdiction in the collateral order context, 100 yale l.j. 511, 530 (1990)).
Output: non-overruling
2011) (quotation omitted).
Output: non-overruling
see  state v. santos, 770 so.2d at 321 (per curiam ) (citing godinez v. moran, 509 u.s. 389, 399, 113 s.ct. 2680, 2687, 125 l.ed.2d 321 (1993)).
Output: non-overruling
mcl 450.1209(1)(c)(ii).
Output: non-overruling
see id.  232.116(2)(b).
Output: non-overruling
we therefore approve the second district's decision in j.s. u.b. and disapprove the fourth district's decision in lassiter.
Output: overruling
they argue that the beard case was exceptional because it involved maximum security inmates and that the prison's regulations were motivated by its rehabilitative goals.
Output: non-overruling
given the potential"" for certain records to qualify as trade secrets, the ""other statute"" provision of the pra ""operates as an independent limit on disclosure of portions of the records at issue here that have even potential economic value.""
Output: non-overruling
therefore, joshua v. state should be overruled, and we expressly do so now.
Output: overruling
7. child custody: appeal and error.
Output: non-overruling
see id., at 1683-1685, and n. 44; bottomley, patent cases in the court of chancery, 1714-58, 35 j. legal hist. 27, 36-37, 41-43 (2014).
Output: non-overruling
since mcburney was erroneously decided, that interpretation of the statute was also incorrect.
Output: overruling
ordinarily, dismissal for failure to state a claim is without prejudice, and the court has discretion to permit a party to amend the pleading to allege additional facts in an effort to state a claim.
Output: non-overruling
because hummel, the conflict case, involved a motion filed under rule 3.800(a), we disapproved the first district's decision only "to the extent it [wa]s inconsistent with" anderson.
Output: overruling
id. at 1005 (baer, j., concurring).
Output: non-overruling
we therefore recede from lewis.
Output: overruling
the commonwealth is correct that the boulware panel opined that a defendant must prove his privacy interest before the commonwealth's burden of production is triggeredfor the reasons discussed infra, that holding is disapproved.
Output: overruling
in people v. rudolph ( supra ), the court of appeals, overruling precedent, held that the statutory command in cpl 720.20(1) that the sentencing court address youthful offender status when a defendant is eligible for such status cannot be dispensed with, even where defendant has failed to ask to be treated as a youthful offender, or has purported to waive his or her right to make such a request
Output: overruling
as the tenth circuit recognized, however, other courts of appeals have held that the limitations period for a constructive-discharge claim does not begin to run until the employee resigns.
Output: overruling
we think that his analysis of peerless roll leaf co. v. griffin sons, was altogether correct, and that he had no alternative but to follow that decision; on the other hand, we now think that we were then wrong and that the decision must be overruled for reasons we shall state.
Output: overruling
the fact that the jury acquitted the defendant of operating while under the influence of liquor did not ""preclude their consideration of the evidence of intoxication in considering the negligent operation charge.""
Output: non-overruling
accordingly, we approve the decision below and disapprove saunders, ansel and employee benefit claims to the extent that they authorize relief pursuant to rule 1.540 when a judgment for damages is entered non-jury after a jury trial was demanded and not waived but the parties were given notice of the proceedings.
Output: overruling
be that as it may, to the extent that our present opinion is inconsistent with ryles and heath, the latter are hereby overruled.
Output: overruling
""'this result only follows, however, if the misrepresentation relates to the very nature of the proposed contract itself and not merely to one of its nonessential terms.'"" brumley, 945 n.e.2d at 779 (quoting restatement (second) of contracts  163 (1981)).
Output: non-overruling
the prosecutor effectively withdrew the question.
Output: non-overruling
our legislature has also expressly carved out appeals challenging search and seizure rulings.
Output: non-overruling
to the extent that it is inconsistent with this opinion, state v. werner, 810 s.w.2d 621, 626 (mo.app. 1991) is overruled.
Output: overruling
the time has come to reconcile and regularize our cases in this field.
Output: overruling
because it needed only to ""briefly set forth"" the draft permit's factual and theoretical underpinnings, see 40 c.f.r.  124.8(a), the fact sheet's comparative brevity cannot alone be indicative of any illegitimate additions to the response to comments.
Output: non-overruling
to the extent that cermeno-cerna v. farrell, 291 f. supp. 521 (c.d., cal., 1968), appeal dis'd as moot sub nom. giumarra vineyards corp. v. farrell, 431 f.2d 923 (9th cir., 1970), is contrary to this holding, it is expressly disapproved.
Output: overruling
lobrano, judge david r.m. williams, judge joan bernard armstrong, judge steven r. plotkin, and judge rudolph f. becker iii) have voted to overrule donnelly.
Output: overruling
the court improperly concluded that the viability of the presumption of [section 6381(d) ] is questionable and inherently self-rebutting, such that it would be arbitrary and capricious to apply the presumption in cases where the trial court finds that it cannot determine if the parent had responsibility for the child.
Output: overruling
moreover, insofar as they suggest that a party seeking a modification of a custody order must prove an overwhelming necessity for the change in custody, we hereby overrule ex parte martin and ex parte peppers.
Output: overruling
to the extent that payne v. state, supra,smith v. state, supra, 304 ga.app. 708, 699 s.e.2d 742, or any other case rejects the use of two standards of review as set forth above, they are hereby overruled.
Output: overruling
the tribe sold the land for a fixed sum of $50,000.
Output: non-overruling
if the quoted language means that a litigant may avoid the presumption merely by asking for findings on an issue without challenging the findings when actually made, we disapprove it, because such an interpretation is contrary to section 634
Output: overruling
citing ""the inflexible policy of the yavapai county attorney . . . to automatically seek capital punishment in every case where evidence of at least one statutory aggravating factor was present,"" the dissent would have ""treat[ed] [the prosecutors'] failure to exercise . . . discretion as a non-statutory mitigating circumstance.""
Output: non-overruling
we conclude that insurance code section 520 dictates a result different from that reached in henkel, and accordingly we overrule the decision in henkel to the extent it is inconsistent with the views expressed in the present opinion.
Output: overruling
because the issues in this case are legal in nature, our review is for legal error.
Output: non-overruling
an ""advertising structure"" ""means a structure of any kind or character erected, used, or maintained for outdoor advertising purposes, upon which any poster, bill, printing, painting or other advertisement of any kind whatsoever may be   placed . . . ."" ( 5203.)
Output: non-overruling
brockett v. spokane arcades, inc., 472 u.s. 491, 501 (1985) (citations omitted).
Output: non-overruling
to the extent they are inconsistent herewith, the cases of procunier v. superior court (losoya) (1973) 35 cal.app.3d 207 [ 110 cal.rptr. 529], and procunier v. superior court (herth) (1973) 35 cal.app.3d 211 [ 110 cal.rptr. 531], are disapproved.
Output: overruling
our analysis of the merger issue requires us to disapprove one of our published opinions because it is irreconcilable with a subsequent opinion of our supreme court.
Output: overruling
we agree with clements and the court of special appeals that cjp  12-302(c) does not authorize the state's appeal in this case.
Output: non-overruling
a trial court must give an instruction sua sponte on an uncharged lesser offense that is necessarily included in a greater charged offense if the evidence warrants the instruction.
Output: non-overruling
it is true, as the district court noted, r. 356 (dist.
Output: non-overruling
this court has previously considered and rejected this exact claim in hall v. state, 820 so.2d 113 (ala.crim.app.1999), stating: use of the word you, without more, in relationship to a jury charge on mitigating evidence does not imply that the finding of a mitigating circumstance must be unanimous.
Output: non-overruling
however, in smith v. state, 918 so.2d 141 (ala.crim.app. 2005), an opinion released today, we expressly overrule our previous holdings in kelley v. state, 911 so.2d 1125 (ala.crim.app. 2004); coleman v. state, 911 so.2d 1099 (ala.crim.app. 2004); and thornton v. state, 859 so.2d 458 (ala.crim.app. 2003), that a circuit court lacks jurisdiction to rule on a rule 32 petition that has not been properly verified, and we hold that the lack of verification of a rule 32 petition is not a defect of subject-matter jurisdiction; rather, it is a defect that is waived if not properly objected to the state did not object in this case to the lack of proper verification of presley's petition; therefore, that issue is deemed to be waived.
Output: overruling
resolving this conflict in prior panel decisions of this court, we overrule both the holding and the reasoning in constant and its progeny (including pascarella and barron), and conclude that a homosexual parent bears no special evidentiary presumption in a child custody case.
Output: overruling
indeed, in marsh, the prosecutor made the following statement during closing argument regarding the defendant's testimony: ""use your common sense, ladies and gentlemen.
Output: non-overruling
to the extent that the decisions in general motors corp. v. ramsey, allis-chalmers mfg. co. v. coplin, ford motor co. v. lemieux lumber co., ford motor co. v. revert, and pierce v. ford motor co. hold or imply that an automobile dealership is the agent or representative of the manufacturer if the dealership performs warranty or recall work, they are disapproved.
Output: overruling
second, there are material differences between the parole act and parole code. for example, as petitioner himself pointed out in his pro se petition, the parole code vests the board with discretion, in certain situations, to award a convicted parole violator with credit for time spent at liberty on parole.
Output: non-overruling
however, because the stalking statute proscribes an entire course of conduct, ""a second or successive offense is not necessarily committed by acts that are factually distinct from each other but only by acts that are factually distinct from the entire course of conduct punished by the first conviction.""
Output: non-overruling
we disapprove of those statements in brooks and green because deterrence is directed at persons who have committed wrongful acts.
Output: overruling
to the extent that barnes v. blue haven pools (1969) 1 cal.app.3d 123, which was decided under summary judgment law as it stood prior to the 1992 and 1993 amendments, is to the contrary, it is no longer vital inasmuch as such law as it stands now is materially different.
Output: overruling
william hardy inc., v. commissioner, supra, 82 f.2d 249, is overruled, and the order will be affirmed.
Output: overruling
jorgensen v. coppedge, 148 idaho 536, 538, 224 p.3d 1125, 1127 (2010); dillon v. montgomery, 138 idaho 614, 617, 67 p.3d 93, 96 (2003); bingham v. montane res. assocs., 133 idaho 420, 427, 987 p.2d 1035, 1042 (1999).
Output: non-overruling
[appellant risner br. at 18-19].
Output: non-overruling
we therefore recede from our opinion in clark v. muldrew, supra.
Output: overruling
the court's discussion fails to adequately account for the origin of the specific intent element that both section 2(a) and 2(b) contain.
Output: non-overruling
a party may file with the supreme court a petition to review an adverse decision by the court of appeals.
Output: non-overruling
tex. r. civ. p. 166a(c); margetis v. frost nat'l bank, no. 02-12-00027-cv, 2012 wl 4936611, at *2 (tex. app.fort worth oct. 18, 2012, no pet.) (mem. op.). here, palacios is not arguing that patel failed to establish her entitlement to summary judgment as a matter of law.
Output: non-overruling
to the extent they are inconsistent with views expressed in this opinion hamm v. city of santa ana, supra, 273 cal.app.2d 84 and people v. marsh, supra, 30 cal.app. 424 are disapproved.
Output: overruling
1980) was to the contrary, it was overruled.
Output: overruling
we therefore disapprove of the holding to the contrary in san juan 1990-a, l.p. v. meridian oil inc.
Output: overruling
a plea to the jurisdiction challenges the subject matter jurisdiction of the courtif the trial court does not have subject matter jurisdiction, the court does not have authority to consider the matter.
Output: non-overruling
bennett v. appaloosa horse club, 201 ariz. 372, 375,  11 (app. 2001).
Output: non-overruling
in accordance with the court's internal rules this opinion was circulated to the court en banc and a majority have approved overruling the roberts case.
Output: overruling
{12} here the trial court then determined there was a good faith exception to the exclusionary rule.
Output: non-overruling
in the sixth circuit, ""[i]f a defendant fails to rebut a race-neutral explanation at the time it was made, the district court's ruling on the objection is reviewed for plain error, and the movant in this setting is in no position to register a procedural complaint that the district court failed to give a specific reason on the record for accepting the government's race-neutral explanation.
Output: non-overruling
app. 1981), or voninski v. voninski, 661 s.w.2d 872, 878-79 (tenn.
Output: overruling
we take this opportunity to clarify the definition of statutory nonhearsay pursuant to nrs 51.035.
Output: non-overruling
as we have previously observed, rule 21 is not designed to swap in new plaintiffs for the sake of securing a judicial determination on the merits where the original plaintiffs no longer have a stake in the outcome.
Output: non-overruling
however, in a footnote, the district court certified conflict with the third district's decision in gevertz, stating that "[t]o the extent thatgevertz . . . holds that the contract rate of interest is applicable to both prejudgment and post-judgment interest rates, with respect, we believe that gevertz is wrongly decided.
Output: overruling
therefore, we overrule the case of martin v. vapor honing company insofar as it conflicts with this decision.
Output: overruling
we acknowledge that, in rejecting the inadvertence prong as a component of the plain-view exception as articulated in bruzzese , we are setting forth a new rule of law.
Output: overruling
if anything said in mitchell or the other cases above cited be deemed in conflict with our holding in the case now before us, we disagree with it.
Output: overruling
certified for partial publication.
Output: non-overruling
in re estate of baca, 1980-nmsc-135,  9-10, 95   n.m. 294, 621 p.2d 511 (upholding collateral attack on a 1950 judgment in an estate proceeding stating ""[a] judgment which is void is subject to direct or collateral attack at any time"").
Output: non-overruling
this standard of review affords considerable deference to the trial court provided that the court acted in accordance with the governing rules of law.
Output: non-overruling
the double jeopardy proscription is intended to shield individuals from the harassment of multiple prosecutions for the same misconduct.
Output: non-overruling
contrary dicta contained in prior decisions (see people v. brock, supra, 66 cal.2d 645; people v. friend, supra, 50 cal. 2d at p. 578 and cases cited therein) are overruled.
Output: overruling
any brief that appellant files must comply with the applicable provisions of the texas rules of appellate procedure, including rule 38.1, which sets out the requirements for an appellant's brief.
Output: non-overruling
id., citing barnes v
Output: non-overruling
46 defendant argues, in the alternative, that the circuit court failed to conduct a proper inquiry into his posttrial claims of ineffective assistance of counsel.
Output: non-overruling
the decision of the fourth district court of appeal holding section 550.081 unconstitutional is disapproved.
Output: overruling
in sum, tomlin's per se approach to rule 60(b) is no longer good law.
Output: overruling
to the extent mattias and subsequent cases suggest otherwise, we disavow them.
Output: overruling
we overrule our prior opinions in state farm mutual auto insurance co. v. kay, 26 utah 2d 195, 487 p.2d 852, and kay v. kay, 30 utah 2d 94, 513 p.2d 1372, to the extent that they are inconsistent with this opinion.
Output: overruling