niryuu/sni-each-converted huggingface dataset:
prystash v. state, 3 s.w.3d 522, 531 (tex. crim. app. 1999) (applying invited-error doctrine to jury instructions in capital murder case and stating that ""[t]he doctrine of invited error is properly thought of, not as a species of waiver, but as estoppel""); see also 5 c.j.s., appeal & error  872 (""an appellant or plaintiff in error is estopped, or will not be permitted, to take advantage of errors for the commission of which he or she is responsible . . . or . . . has invited or induced the trial court to commit.""). others suggest it is grounded in waiver or ""the common sense view that where a party invites the trial court to commit error, he cannot later cry foul on appeal."" united states v. brannan, 562 f.3d 1300, 1306 (11th cir. 2009).
Output: non-overruling
accordingly, we grant guzman's petition for review, reverse the board's order, and remand guzman's case for further proceedings consistent with this opinion.
Output: non-overruling
although we are reluctant to do so, we must overrule gibson to the extent that it applies structural error review to an instructional error that affects only an element of the offense, a permissible evidentiary inference, or a potential theory of conviction, as opposed to an instructional error that affects the overarching reasonable doubt standard of proof.
Output: overruling
aetna therefore is overruled as the law of this circuit.
Output: overruling
for reasons elaborated in jones, 795 s.w.2d 199, we reject the premises upon which this reasoning is based and, to the extent it suggests that a judgment may not be corrected nunc pro tunc when its recitations are factually erroneous, we overrule bryan.
Output: overruling
this rule has received the strictest scrutiny and withstood repeated attacks; but the time has come, and we now abolish the cobb standard for appellate review of orders granting new trials on the sole ground that the verdict is against the great weight and preponderance of the evidence, and we overrule that line of cases following the cobb standard.
Output: overruling
at the present time, we feel that we should follow the hamilton case and consider the lunkin case overruled.
Output: overruling
to the extent that vaughan v. harvard indus., inc., 926 f. supp. 1340, 1348 (w.d. tenn. 1996) followed the myers rule and held that the ada does not require re-assignment when a disabled employee cannot be reasonably accommodated in his current position, it is overruled.
Output: overruling
but samia did not produce any of those third parties as witnesses, and the jury was not required to credit samia's second-hand and uncorroborated account.
Output: non-overruling
4. people's return
Output: non-overruling
the court then denied both of mr. denzmore's motions.
Output: non-overruling
today we overrule these cases and hold, consistent with rule 32(e), that the "fair and just" standard applies to any motion for plea withdrawal that is made prior to the defendant's sentencing.
Output: overruling
see tex. r. app. p. 52.8(a) (the court must deny the petition if the court determines relator is not entitled to the relief sought).
Output: non-overruling
further, in adler v dormio, 309 mich app 702, 708; 872 nw2d 721 (2015), this court set forth the legal principles that govern the trial court's decision concerning whether relief from judgment is appropriate pursuant to mcr 2.612(c)(1)(f):
Output: non-overruling
although the district court recognized the "general rule" that " rooker-feldman may not be invoked against a federal-court plaintiff who was not actually a party to the prior state-court judgment," 379 f. supp. 2d, at 1123, it nevertheless followed tenth circuit precedent in allowing application of rooker-feldman against parties who were in privity with a party to the earlier state-court action.
Output: overruling
insofar as the following opinions are inconsistent with this opinion, they are expressly overruled.
Output: overruling
accordingly, the former wife claimed that the former husband's alimony obligation had remained ""fully due since october, 2011"" through the date of the former wife's motion, yet the former husband failed to honor that obligation.
Output: non-overruling
accordingly, we disapprove huang to the extent it is inconsistent with the views set out in this opinion.
Output: overruling
for the reasons detailed here and to the extent auxier is inconsistent with this opinion, we overrule it.
Output: overruling
insofar as the following opinions are inconsistent with this opinion, they are expressly overruled:
Output: overruling
see commonwealth v. dennis, 164 a.3d 503, 512 (pa. super. 2017).
Output: non-overruling
##bauguess v. paine is not ovveruled (same line of cases).
Output: overruling
in so holding, we recede from our decision in koch v. kimball
Output: overruling
the district court granted the stipulated motion to dismiss, id., at 39a, and respondents appealed.
Output: non-overruling
appellant must show that the trial court would have erred in overruling the objection to show ineffective assistance for a failure to object.
Output: non-overruling
to the extent that cases such as in re chabot, supra, 100 b.r. 18, take an approach in contradiction to that expressed here, they are disapproved by the panel.
Output: overruling
the royal & sun opinion articulated those factors as follows:
Output: non-overruling
having reviewed the issue en banc, we overrule mckenzie and reverse the award of a contingency enhancement to ms. king.
Output: overruling
see allred v. exceptional landscapes, inc., 227 n.c. app. 229, 232, 743 s.e.2d 48, 51 (2013) (""unchallenged findings of fact are presumed to be supported by competent evidence and are binding on appeal."" (citation omitted)).
Output: non-overruling
we overrule seales and its progeny to the extent that they allow admission of testimonial statements when found to be reliable under the "indicia of reliability" test in the absence of cross-examination.
Output: overruling
that prompt assertion of rights hurt no one.
Output: non-overruling
further, the prosecutor's closing arguments consistently tied the current incident to defendant's purported state of mind in 1991.
Output: non-overruling
first, unlike here, the applicant in ex parte wolf submitted evidence supporting his position that his plea counsel's actions and advice fell below the prevailing professional norms for representation of a defendant like him.
Output: non-overruling
furthermore, the trial court indicated in its order that it had ""consider[ed] . . . [appellant's] special appearance, the pleadings, the affidavits, and arguments of counsel.""
Output: non-overruling
we overrule valley to the extent it is inconsistent with this opinion.
Output: overruling
to the extent that jennings is inconsistent with our holding herein, it is hereby disapproved.
Output: overruling
the case of gehman v. superior court (1979) 96 cal.app.3d 257 [ 158 cal.rptr. 62] is disapproved to the extent that it is inconsistent with this conclusion.
Output: overruling
therefore, the trial court's plea for rectification is vindicated; strother is expressly overruled; the judgment is reversed; and the cause is remanded.
Output: overruling
""[t]he administrative findings of fact are conclusive unless any reasonable adjudicator would be compelled to conclude to the contrary.""
Output: non-overruling
here, the district court awarded almost the maximum amount of enhanced damages, but did not adequately explain its basis for doing so, and failed to even mention campbell's public use defense, which presented a close question in this case.
Output: non-overruling
163 ill. app. 3d at 103.
Output: non-overruling
we conclude that we should.
Output: overruling
id. subsequently, the beneficiaries filed an amended petition, seeking raymon's immediate removal as trustee and a ""demand for damages of $1,500,000 for fraudulent misappropriation and intentional dissipation of trust funds.""
Output: non-overruling
##note: in re chavez was reversed not overruled.
Output: overruling
the same standard applies when a defendant fails to raise a timely objection under brady.
Output: non-overruling
see, e.g., united states v. coven, 662 f.2d 162, 176 (2d cir. 1981).
Output: non-overruling
therefore, to the extent that cases in this jurisdiction imply that misconduct must be intentional before it constitutes reversible error, they are disapproved.
Output: overruling
he appealed,   and in united states v. ferguson, 831 f.3d 850 (7th cir. 2016), we vacated his sentence and remanded the case to a new judge, who imposed a 35-year sentence.
Output: non-overruling
for these reasons, we overrule rosenstein and wilson to the extent that they incorrectly hold that an appellate court has no authority to grant an extension of the time to file a discretionary application under ocga  5639.
Output: overruling
to that extent chetkovich v. united states must be overruled.
Output: overruling
an abuse of discretion occurs if the court ""'fails to apply the proper legal standard or to follow proper procedures in making the determination, or bases an award upon findings of fact that are clearly erroneous.'""
Output: non-overruling
we overruled his assignments of error and affirmed in state v. beverly, 2016-ohio-8078, 75 n.e.3d 847 (2d dist.).
Output: non-overruling
western wireline services, inc. v. pecos western corp., 377 so.2d 892 (la.app. 4th cir. 1979), and c-craft marine services, inc. v. llog exploration co., 470 so.2d 241 (la.app. 4th circ.), writ denied, 472 so.2d 921 (1985) are contrary, or may be contrary, they are overruled.
Output: overruling
exxon corp. v. department of conservation & natural res., 859 so.2d 1096, 1102 (ala.2002) (quoting bolden v. slosssheffield steel & iron co., 215 ala. 334, 340, 110 so. 574, 580 (1925) (somerville, j., dissenting)).
Output: non-overruling
in light of the fact that ducote represented a significant departure from the interpretation of pollution exclusion clauses in louisiana, and, more importantly, because ducote runs counter to the true intent of the exclusion, we overrule it at this time.
Output: overruling
the jury reasonably could have inferred that appellant purchased the rugs, obtained the department number and uline number from the receipt, returned the rugs, wrote the department number and uline number from the original rugs on inferior rugs that did not belong to the chain store, and then presented the inferior rugs and a receipt that did not pertain to those two rugs to the second store, seeking a refund.
Output: non-overruling
we overrule it.
Output: overruling
rather than perpetuate that error, we acknowledge our mistake and overrule our prior opinion on that issue.
Output: overruling
this appeal compels us to revisit our decision inhenderson v. state, 727 so.2d 284 (fla. 2d dca 1999), from which we now recede to the extent that it conflicts with our decision here.
Output: overruling
in accord then with the numerous considerations discussed throughout this opinion, and on the basis of the legislature's amendment of alabama's homicide statute to include protection for an unborn child in utero at any stage of development, regardless of viability,  13a61(a)(3), we overrule lollar and gentry, and we hold that the wrongful death act permits an action for the death of a previable fetus.
Output: overruling
as such, he was entitled to immunity as previously discussed.
Output: non-overruling
to the extent that warren is inconsistent with this opinion, it is overruled.
Output: overruling
he also left the scene of the crime, wrote a note to his mother under the apparent belief that he would be going to prison, and proclaimed a plan to commit suicide.
Output: non-overruling
id., 77. we observed further that ""the involvement of a police officer in the interview does not automatically preclude a statement from falling within the medical diagnosis and treatment exception.""
Output: non-overruling
accordingly, we will apply the same standard of review to all of appellant's sufficiency complaints.
Output: non-overruling
we therefore overrule leonard and palmer.
Output: overruling
moreover, the herbsts seek only to affirm the judgment of the court of appeals remanding the case to the trial court.
Output: non-overruling
writ denied on the showing made in part and denied in part. relator failed to include a copy of the bill of information, the district court's ruling, the state's answer, if any, the boykin transcript, and any other documents from the district court record that might support his ineffective assistance of counsel claim.
Output: non-overruling
suppose a defendant misrepresented her travel history to convey she had met that requirement, when in fact she had not.
Output: non-overruling
e.d. tenn. 2013); in re crosby, 261 b.r. 470, 472 (bankr.
Output: non-overruling
we disapprove this dicta.
Output: overruling
parker vi, 873 so.2d at 283.
Output: non-overruling
. balliette
Output: non-overruling
if we have a case where the conditions are not identical, then the dissimilarity goes to the weight of the evidence of the experiment but not to its admissibility.
Output: non-overruling
even as such practices can help employers ensure their workers are compensated for regularly worked minutes that might have once been treated as ""off the clock,"" they also highlight the need for subsequent line drawing to implement existing   law.
Output: non-overruling
the child lived with hensch and mysak from the time of his birth until november 2015, when mysak moved out of the shared residence.
Output: non-overruling
because we find that the crane case was wrongfully decided, we overrule that decision and reverse the trial court's order dismissing muhammad's claims.
Output: overruling
(pariente, j., concurring in part and dissenting in part), cert. denied, 138 s. ct. 471 (2017).
Output: non-overruling
cases in which it has been held or assumed that those rules apply to reinstated appeals are disapproved insofar as they are inconsistent with the views expressed herein (e.g., people v. jaquish (1966) 244 cal.app.2d 444, 448 [ 53 cal.rptr. 123]; people v. boyden (1965) 237 cal.app.2d 695, 697 [ 47 cal.rptr. 136]; people v. garner (1965) 234 cal.app.2d 212, 215, fn. 1 [ 44 cal.rptr. 217]; people v. benavidez.
Output: overruling
this balancing concern was the basis of our decision in lucas, which the majority overrules today.
Output: overruling
we overrule national loan investors to the extent it is inconsistent with this approach.
Output: overruling
the court's decision today overrules a fundamental holding in conkle.
Output: overruling
therefore, we hereby expressly overrule hollis.
Output: overruling
defense counsel objected, but was overruled by the trial court.
Output: non-overruling
in the wake of hauserincluding this courthave declined to allow such an individual action to proceed.
Output: non-overruling
1998), implicitly overruled that line of cases when it held that c.a.r. 26(a) "guides the computation of time in determining whether a person has complied with the jurisdictional requirement; it does not alter the jurisdictional effect of a statutory deadline for taking an appeal.
Output: overruling
the court may instruct jurors regarding victim impact evidence or other sections of the final instructions (#7.11) as part of the preliminary instruction.
Output: non-overruling
""however, before projected earnings from other employment opportunities not sought or accepted by the discharged employee can be applied in mitigation, the employer must show that the other employment was comparable, or substantially similar, to that of which the employee has been deprived; the employee's rejection of or failure to seek other available employment of a different or inferior kind may not be resorted to in order to mitigate damages.
Output: non-overruling
southern reporter. appeal from jefferson circuit court, bessemer division
Output: non-overruling
in light of the above discussion, therefore, we overrule in re oberkoetter.
Output: overruling
the court noted at the outset that the guarantees of that constitutional provisionfreedom from discrimination in housing and employmenthad been legislatively implemented through the illinois human rights act.
Output: non-overruling
id. at 581, citing pappas, supra at 431.
Output: non-overruling
accordingly, we overrule zepeda v. bulleri,
Output: overruling
we expressly overrule baird v. cincinnati, new orleans texas pacific r. co., ky., 368 s.w.2d 172, and our cases cited therein to the extent they hold that a wife has no cause of action for loss of consortium of her husband resulting from injury to him due to the negligent act of another.
Output: overruling
the federal circuit has concluded that, in such cases, the declaratory judgment is "moot" in a jurisdictional sense, a conclusion that it considers dictated by two of our earlier opinions, electrical fittings corp. v. thomas betts co., 307 u.s. 241 (1939), and altvater v. freeman.
Output: overruling
the district court instructed the jury on the lesser included offense of simple battery, yet the jury found green guilty as charged on knowing aggravated battery.
Output: non-overruling
more importantly, a sufficient factual basis exists here because mccoy stipulated he ""was a member of a conspiracy with others, in gaston county . . . to distribute and to possess with intent to distribute cocaine base, commonly known as 'crack cocaine.'""
Output: non-overruling
for that reason, we will assume that trial counsel performed unreasonably when they failed to object to these statements.
Output: non-overruling
farac v. permanente med. group, 186 f.supp.2d 1042, 1045 (n.d.cal. 2002) (" circuit city implicitly overruled duffield.");
Output: overruling
to the extent the following cases, and any others, are inconsistent with this holding, they are hereby overruled:
Output: overruling
to the extent some cases have held differently, we disapprove of them.
Output: overruling
to the extent this opinion is in conflict with state v. malone, 654 so.2d 92 (ala.crim.app. 1995), malone is hereby overruled.
Output: overruling
we hereby disapprove of merendino v. burrell, 923 s.w.2d 258, 261 (tex. app.  beaumont 1996, writ denied), and miller v. cozart, 394 s.w.2d 22, 24 (tex.civ.app.  dallas 1965, no writ), to the extent that they hold that a person who owns or is otherwise responsible for horses has a duty to prevent the horses from roaming onto a farm-to-market road that is free from a local stock law.
Output: overruling
edwards v. firemen's retirement system of st. louis, mo.app., 410 s.w.2d 560; mitchell v. city of springfield, mo. app., 410 s.w.2d 585; and heusmann v. priest, mo.app., 366 s.w.2d 42, are disapproved insofar as they hold that in this situation a reviewing court may not weigh the evidence and make its own findings of fact.
Output: overruling
where a trial court sustains an objection to the admission of evidence, in order to preserve the issue for appeal, there must be a proffer.
Output: non-overruling
in concluding that in situations not subject to a specified exclusion, section 3051 supersedes section 1170.1, subdivision (c), trejo invoked the statutory maxim of construction, ""expressio unius est exclusio alterius, if exemptions are specified in a statute, [a court] may not imply additional exemptions unless there is a clear legislative intent to the contrary.""
Output: non-overruling
see id. like in any proximate cause analysis, an intervening event may break the chain of causation between the allegedly wrongful act and the plaintiff's injury.
Output: non-overruling
salmons urged that ""all of the elements of the felony of possession of pseudoephedrine are contained in the felony of the manufacture of methamphetamine,"" but the court ruled that knowledge of the specific controlled substance was an element of each charge, so the separate prosecution for possessing pseudoephedrine did not violate double jeopardy.
Output: non-overruling
to the extent it is contrary to this opinion, george pepperdine foundation v. pepperdine, 126 cal.app.2d 154 [ 271 p.2d 600], is disapproved.
Output: overruling
thus, we disapprove of the reasoning of bates, which was followed in owens and soriano, and we approve judge sharp's dissent in owens.
Output: overruling
intervening defendants argue that stand up does not apply here because the language of const 1963, art 2,  9, which was at issue in stand up, is substantially different from the language of const 1963, art 12,  2, at issue here.
Output: non-overruling
for example, in the well-known case of harris v. balk, 198 u.s. 215 (1905), epstein, a resident of maryland, had a claim against balk, a resident of north carolina. harris, another north carolina resident, owed money to balk.
Output: non-overruling
early, 330 ga. app. at 655 (1) (a) (punctuation omitted); accord hardy, 239 ga. app. at 596 (1).
Output: non-overruling
the court of appeals affirmed.
Output: non-overruling
lori swanson, attorney general, st. paul, minnesota; and jonathan d. frieden, hubbard county attorney, park rapids, minnesota (for respondent) cathryn middlebrook, chief appellate public defender, sara j. euteneuer, assistant public defender, st. paul, minnesota (for appellant)
Output: non-overruling
id., at 70a.
Output: non-overruling
therefore, we are compelled to overrule blanton, in which the issues were similar to those in the case at bar, on the strength of the supreme court cases of green v. united states and benton v. maryland.
Output: overruling
the victim went into the bedroom and when she hesitated, the defendant pushed her down on the bed.
Output: non-overruling
for the reasons that follow, we overrule the simpson decision.
Output: overruling
there is substantial evidence to support the trial court's findings that garcia was present for the signing of the subcontract, garcia helped mata run fast & neat, and the plaintiffs were employees of and paid by fast & neat.
Output: non-overruling
id. at 248 (citations & quotation marks omitted).
Output: non-overruling
id. at 943-44 (citing rosado v. state, 1 so. 3d 1147, 1148 (fla. 4th dca 2009)).
Output: non-overruling
we conclude that the neff and ward holdings are inconsistent with the limitations on the maintenance and cure remedy imposed by the supreme court and must be overruled to the extent of such inconsistency.
Output: overruling
after careful consideration, we have decided to resolve this conflict by receding from g.d.w. and gainer to the extent they hold that an improper transfer order renders all proceedings following such an order null and void.
Output: overruling
we have ultimately determined that we were in error in the statutory construction reached by these decisions, for the reasons to be stated below, and therefore overrule them prospectively, see state v. ray, 259 la. 105, 245 so.2d 540 (1971), as of the date of publication of this opinion in the southern reporter.
Output: overruling
all inconsistent opinions are hereby overruled.
Output: overruling
i also look to the more recent case of
Output: non-overruling
see 20 c.f.r.  pt. 404, subpt. p, app. 1.
Output: non-overruling
we overrule part of norman and hold that alaska foods' action should not have been dismissed.
Output: overruling
defendants argued that public release of the information in the stipulation would violate their right to privacy, put them at a competitive disadvantage in business transactions, and jeopardize their safety and the safety of their families.
Output: non-overruling
we overrule our prior cases which have authorized use of the concurrent sentence doctrine.
Output: overruling
see s.c. dep't of soc. servs. v. headden, 354 s.c. 602, 613, 582 s.e.2d 419, 425 (2003) (declining to address additional grounds for tpr when clear and convincing evidence supported tpr on another ground).
Output: non-overruling
therefore, to the extent that the ica in prior decisions has applied harmless error analysis to violations of the principles set forth in grindles , 70 haw. 528, 777 p.2d 1187, these decisions are overruled
Output: overruling
prior cases holding otherwise are hereby overruled.
Output: overruling
while this course of action was proper under our earlier precedent, the supreme court's holding in glenn directly repudiated the application of any form of heightened standard of review to claims denials in which a conflict of interest is present.
Output: overruling
under these circumstances we must conclude that the contrary holdings of darlington v. owen county recc, ky., 299 s.w.2d 599; aetna life ins. co. v. bethel, 140 ky. 609, 131 s.w. 523; and madison coal corp. v. altmire, 215 ky. 283, 284 s.w. 1068, are out of harmony with the present view, and to the extent of their conflict with the rule here approved, are overruled.
Output: overruling
here, there similarly was an accrued claim against his insurer that was held by hensley for payment of health care services that had already been provided by plaintiffs before hensley executed the assignment.
Output: non-overruling
we answer the certified question in the negative, quash the district court's opinion, and disapprove gellert to the extent of conflict with this opinion, but we approve the result of the instant case.
Output: overruling
in day v. united states, supra, 390 a.2d at 970, which was decided more than 2 years before the pretrial appeal in this case, we disapproved such inaction.
Output: overruling
davis v. davis, 360 n.c. 518, 523, 631 s.e.2d 114, 118 (2006) (citing sink v. easter, 288 n.c. 183, 198, 217 s.e.2d 532, 541 (1975)).
Output: non-overruling
id.; see also state v. gabert, 152 vt. 83, 85, 564 a.2d 1356, 1358 (1989) (quoting kasper, 145 vt. at 120, 483 a.2d at 610 for proposition that ""the record must reveal that the elements of each offense were explained to the defendant"").
Output: non-overruling
because the decision arguably departs from this circuit's prior decision in united states ex rel. starr v. mulligan, 59 f.2d 200 (2d cir. 1932), and explicitly overrules united states v. brothman, 191 f.2d 70 (2d cir. 1951), this opinion has been circulated among the active members of the court.
Output: overruling
see maples v. state, 758 so. 2d 1, 25 (ala. crim. app. 1999) (holding that, although the police were armed with guns at the time of the search, there was no indication that they used the guns to coerce the appellant into consenting to the search).
Output: non-overruling
we see no abuse of discretion, and we therefore affirm the admission of dr. parran's expert testimony.
Output: non-overruling
""the supreme court has made 'clear that reckless conduct is not measured by whether a reasonably prudent [person] would have published [or spoken], or would have investigated before publishing [or speaking].'
Output: non-overruling
mass transit admin. v. granite constr. co., 57 md. app. 766, 773-74 (1984).
Output: non-overruling
at the january 29, 2014 wcj coholan hearing, claimant identified ""records from [university of pittsburgh medical center (]upmc[)] in june and july of 2012."" r.r. at 144a.
Output: non-overruling
the error was quickly discovered, however, and the defendants' answer was thereafter filed, albeit eight days late.
Output: non-overruling
(in-home supportive services, supra, 152 cal.app.3d at p. 733.)
Output: non-overruling
section 1311(a) contains important exceptions to the prohibition on discharge of pollutants.
Output: non-overruling
considering the totality of the voir dire record and moore's answers, we find that the trial court did not abuse its discretion in denying the   defendant's challenge for cause.
Output: non-overruling
to the extent that these decisions may support the proposition for which they are here cited, i.e., that a final rejection of claims in a parent application for lack of supporting disclosure therein is res judicata upon the question of whether different claims, rejected on a different basis in a continuation application, are entitled under the conditions specified in 35 u.s.c.  120 to the benefit of the earlier filing date of the parent application, they are expressly overruled.
Output: overruling
any holding in minter v. state, 765 p.2d 803 (okla.
Output: overruling
lyons, special justice (concurring specially in case no. 1130184).
Output: non-overruling
under the circumstances, we conclude that it is appropriate to overrule casey, 6 harvey, and subsequent decisions holding that the venue guarantee of article i, section 11, requires the state to prove venue beyond a reasonable doubt as a material allegation of every criminalcase.
Output: overruling
on appeal, mr. young asserts the district court erred by determining the minor victim, fh, was competent to testify.
Output: non-overruling
crossroads also has offender rules consistent with the smoking policy.
Output: non-overruling
we agree and overrule mukhtar to the extent that it required that daubert findings always be made by the district court.
Output: overruling
father contends that there was substantial evidence presented regarding the parties' incomes that would have enabled the trial court to make a determination regarding child support.
Output: non-overruling
accordingly, hance v. haun, supra, is overruled.
Output: overruling
douglas also requests a 28 u.s.c.  2254(e) evidentiary hearing on the question of whether the state disclosed the cad report before trial.
Output: non-overruling
however, in his briefing, hanson discusses his injuries on several occasions.
Output: non-overruling
where hollins is contradictory to the "duty-to-read" and "imputed-knowledge" doctrines, it is hereby overruled.
Output: overruling
the court must grant a directed verdict if, after construing the evidence most strongly in favor of the nonmoving party, it finds that reasonable minds could come to but one conclusion on any determinative issue and that conclusion is adverse to the nonmoving party.
Output: non-overruling
in recognizing yurgel and agreeing with the holding in lamon, we recede from the following three opinions of this court.
Output: overruling
to date, appellant has neither filed a brief nor communicated with the court regarding the appeals.
Output: non-overruling
given the supreme court's decision in gaudin, we conclude that beuttenmuller's holding that materiality under section 1006 is a question of law for the court has been overruled.
Output: overruling
we overrule people v. montoya, 251 p.3d 35, 43 (colo.app.2010), to the extent that it suggests that the amended rule modified the requirements for a defendant's waiver of his right to a jury trial.
Output: overruling
we now reexamine the issue as an en banc court, overruling any implications in hance inconsistent with this opinion.
Output: overruling
the louisiana supreme court in cichirillo, clarified difference in considering evidence in support of a motion for summary judgment, as opposed to evidence in support of a peremptory exception of prescription.
Output: non-overruling
we stated, ""employers owe certain nondelegable and continuous duties to employees acting in the course and scope of their duties, including the duties to warn about the hazards of employment, to supervise activities, to furnish a reasonably safe workplace, and to furnish reasonably safe instrumentalities with which to work.""
Output: non-overruling
we hereby modify garcia and hold that the first procedure wherein the jury is informed of the amount of settlement is not acceptable.
Output: overruling
congress possesses only limited authority to prohibit and punish robbery.
Output: non-overruling
accordingly, we affirm the trial court's judgment in both appellate causes.
Output: non-overruling
the court of appeals holding to the contrary in state v. gray, 45 kan.app.2d 522, 524, 249 p.3d 465,rev.
Output: overruling
we disagree and disapprove jones as being inconsistent with our decision today.
Output: overruling
siewe v. gonzales, 480 f.3d 160, 170 (2d cir. 2007) (""[a] single false document or a single instance of false testimony may (if attributable to the petitioner) infect the balance of the alien's uncorroborated or unauthenticated evidence."").
Output: non-overruling
and it would enable state courts to blame the unpopular death-sentence reprieve of the most horrible criminals upon the federal constitution when it is in fact their own doing.
Output: non-overruling
to the extent that our opinion in goldstein v. navarro, 590 so.2d 20 (fla. 4th dca 1991), can be read to indicate that habeas corpus relief is not available in this court to remedy a civil contempt confinement in violation of due process, we recede from it.
Output: overruling
all previous opinions of this court upholding immunity of the sovereign are hereby overruled.
Output: overruling
320 s.w.3d at 838-40.
Output: non-overruling
to the extent they hold otherwise, we disapprove of swift v. seidler, 988 s.w.2d 860, 861-62 (tex.app.-san antonio 1999, pet. denied), norman v. yzaguirre chapa, 988 s.w.2d 460, 462-63 (tex.app.-corpus christi 1999, no pet.), and dear v. scottsdale insurance co., 947 s.w.2d 908, 918 (tex.app.-dallas 1997, writ denied).
Output: overruling
in re a.s., 7th dist. no. 11 je 29, 2012-ohio-5468,  10.
Output: non-overruling
rather, the court would consider it an action for ""recovery"" of property under article 2934, which is exempt.
Output: non-overruling
an agency's authority to adopt administrative rules is governed by the minnesota administrative procedures act (mapa), minn. stat.  14.001-.69
Output: non-overruling
to the extent that it suggests the defense of alibi invariably and necessarily creates a material issue as to "identity" so as to dispense with further analysis as to the admissibility of extraneous offense evidence, cameron, supra, is overruled.
Output: overruling
accordingly, the relevance of ossorio's testimony with respect to the prejudice prong of strickland is substantially less than is typically the case with credible alibi evidence.
Output: non-overruling
to the extent that davis, whitehead, and lawson hold to the contrary, they are overruled.
Output: overruling
we disapprove sarasota county, jenkins, and relyea to the extent they conflict with the decision here.
Output: overruling
state v. brown (1988), 38 ohio st.3d 305, 308.' * * * state v. coley (2001), 93 ohio st.3d 253, 261."" state v. griffiths, 11th dist. trumbull no. 2000-t-0131, 2002 wl 5307, *2 (dec. 28, 2001).
Output: non-overruling
we disapprove abdelaziz as well as henderson v. north, 545 so.2d 486 (fla. 1st dca 1989), which adopted the principle of abdelaziz, to the extent that they disapproved a cause of action for negligent stillbirth.
Output: overruling
id. at 657 n. 6.
Output: non-overruling
the court also specifically ordered defendant to ""be subject to all administrative or judicial enforcement remedies available to the plaintiff as prescribed by state and federal law in a title iv-d case[.]""
Output: non-overruling
thus far, the resolution of the question before us seems simple.
Output: non-overruling
the trial court denied both motions.
Output: non-overruling
see ocga  5-6-48 (b) (""where the questions presented have become moot"" the appeal ""shall be dismissed."").
Output: non-overruling
the record reflects that defendant asserted his innocence at the outset, ultimately rejecting an offer from the prosecution for him to plead guilty to second-degree murder and possession of a firearm during the commission of a felony (felony-firearm), mcl 750.227b(1).
Output: non-overruling
to the extent this holding conflicts with the court of appeals' decision in farmers group, inc. v. trimble, 768 p.2d 1243 (colo.app. 1988) ("trimble iii"), we overrule that decision.
Output: overruling
insofar as the smith, labatt, john shillito and gibson cases (supra) are in conflict herewith, they are expressly overruled.
Output: overruling
id. at 143 n.612, j.a. 1192.
Output: non-overruling
thus, to the degree that procon suggests that udot waives a contract's written notice provisions if the udot board of review resolves a claim against udot on other grounds, we disavow that interpretation.
Output: overruling
insofar as dictum in landau v. fording (1966) 245 cal.app.2d 820, 824, 830 [ 54 cal.rptr. 177], affd. per curiam (1967) 387 u.s. 456 [ 18 l.ed.2d 1317, 87 s.ct. 2109], suggests a contrary reading of the california statutes, it is hereby disapproved.
Output: overruling
rule 4007 further provides the time by which a complaint to determine dischargeability must be filed, which is ""no later than 60 days after the first date set for the meeting of creditors under  341(a).""
Output: non-overruling
{31} murder is an unclassified felony generally subject to an indefinite sentence of 15 years to life.
Output: non-overruling
id. a first-party bad-faith claim involves ""an insured's attempt to recover for his or her own losses allegedly covered under the insurance policy.""
Output: non-overruling
the question in katzenbach had nothing to do with stand-alone judicial power under the fourteenth amendment.
Output: non-overruling
saint peter's healthcare system runs a teaching hospital and several other medical facilities in new jersey, and is both owned and controlled by a roman catholic diocese there.
Output: non-overruling
the federation argued that ""a change to an 84-hour bi-weekly base pay calculation was never raised by the county until after the [mos] was signed and only then, in the form of a proposed legislative change,"" and therefore, ""the county's actions were unilateral and, as applied, adversely change[d] the pay practices for the 911 call center 40-hour classified employees.""
Output: non-overruling
because we agree with the defendant's alternative claim that smith must be overruled to the extent that it applies to cases in which the state has conducted a first time in-court identification, we need not address this claim.
Output: overruling
defense counsel objected on the ground that the second-degree depraved heart murder instruction was more appropriate in cases in which the state had charged multiple levels of homicide, e.g., murder and manslaughter.
Output: non-overruling
to the extent that state v. martin, 285 kan. 994, 179 p.3d 457,cert.
Output: overruling
8 u.s.c.  1357(a)(4); cf. sessions v. dimaya, 138 s. ct. 1204, 1212-13 (2018) (plurality opinion) (explaining that removal proceedings in some ways resemble criminal actions); mateo v. att'y gen., 870 f.3d 228, 232 (3d cir. 2017) (same).
Output: non-overruling
insofar as any language in clarke v. united states, d.c.mun.app., 160 a.2d 97 (1960) or in yankovitz v. united states, d.c.mun.app., 182 a.2d 889 (1962), could be construed to establish a local community standard or to relieve the government of its duty to prove prevailing community standards, it is overruled.
Output: overruling
to the extent that it conflicts with this opinion, we disapprove alexander ranch v. central appraisal dist.
Output: overruling
##note: brock was reversed not overruled.
Output: overruling
b.a. appealed, and the court of appeals affirmed.
Output: non-overruling
miranda admitted to the dhs's factual allegations and conceded removability.
Output: non-overruling
apart from its articulation that the crime was serious in nature and that the society must be protected from dangerous offenders, the trial court did not consider some of the nonexhaustive factors that are relevant in determining whether a sentence is proportionate.
Output: non-overruling
to the extent of conflict roy v. state, supra, is overruled.
Output: overruling
fletcher v. univ. hosps. of cleveland, 120 ohio st.3d 167, 2008-ohio-5379, paragraph one of the syllabus.
Output: non-overruling
accordingly, we overrule united states v. steele, 413 f.2d 967 (1969) to the extent that it holds that the plea must be vacated rather than remanding the case for a hearing where it appears that the necessary finding might be made by the district court.
Output: overruling
we disapprove any language of dillingham or campbell that may be interpreted to support or compel a requirement that the pre-existing disability be manifest at the time of hiring.
Output: overruling
to the extent the southern district of new york's decision in internet law library, 223 f.supp.2d 474, is to the contrary, we reject it.
Output: overruling
""a defendant is entitled to  a jury trial . . . only if he can demonstrate"" that those penalties - which consist of ""the maximum authorized period of incarceration"" together with ""any additional statutory penalties"" - ""are so severe that they clearly reflect a legislative determination that the offense in question is a 'serious' one.""
Output: non-overruling
we disapprove of johnson v. mt. sinai medical center, inc., 615 so.2d 257 (fla. 3d dca 1993), and castillo-plaza v. green.
Output: overruling
the absence of textual support is fatal for the fobian rule.
Output: overruling
an appellate court may affirm a district court's ruling on any ground urged below, whether or not it formed the basis for the court's original ruling.
Output: non-overruling
now that the issue is presented, we reject the hall/sherren dicta suggesting that the prior conviction requirement of section 666 is an "element" of a section 666 "offense.
Output: overruling
like morning fresh farms, to the extent any of the del mesa farms cases can be read to stand for the proposition that a building, without more, provides sufficient connection to meet the requirement that the product "originate from the land's productivity," we decline to follow them.
Output: overruling
22 edwards plainly held that perfecting an appeal following a guilty plea includes filing a postplea motion.
Output: non-overruling
to the extent that it may be found inconsistent with this opinion, box stands overruled.
Output: overruling
to the extent the court of appeals decision in blossom chevrolet holds otherwise, it is disapproved.
Output: overruling
we find no relevant distinction between a spouse and a nonrelated third party, so long as the evidence supports compensability under the three-part test set out in currier v. roman l. hruska u.s. meat animal res. ctr.  for compensability of in-home care, our focus is on the  nature of the service provided, not the status or devotion of the provider of the service.
Output: non-overruling
applying the holdings in brown and green in light of caudillo, the facts of this case do not satisfy the simple kidnapping asportation standard.
Output: overruling
we hold that the above statement in hardin v. sellers was dicta and that it does not accurately state the law.
Output: overruling
in any event, to the extent lee suggested that the statute authorizes the state to conduct ex parte interrogations after charges have been brought, that case is disapproved.
Output: overruling
for these reasons, we conclude that the constructions of the conduct rules in harrington and cicchetti are unsustainable, and we accordingly overrule those decisions.
Output: overruling
therefore, for the reasons discussed above, we approve the fifth district's decision in this case and disapprove the second district's decision in estrada to the extent it is inconsistent with this opinion.
Output: overruling
tex. code crim. proc. ann. art. 36.31 (west 2006); see melancon v. state, 66 s.w.3d 375, 383 (tex. app.houston [14th dist.] 2001, pet. ref'd) (en banc op. on reh'g).
Output: non-overruling
on july 10, 2014, the state charged martin by amended information with one count of sale of cocaine within 1,000 feet of a public park or a publicly owned recreational facility and one count of unlawful use of a two-way communication device. martin proceeded to trial and was found guilty as charged.
Output: non-overruling
accordingly, we affirm in part, and in part reverse and remand with directions.
Output: non-overruling
(id. at pp. 903-904.)
Output: non-overruling
the rationale behind the principle that a ""defendant may not receive a harsher sentence solely, or even partially, because he refuses to plead guilty and proceeds to require the prosecution to prove his guilt"" ""is that the coercion or inducement casts a chill over the exercise of guaranteed fundamental constitutional rights.""
Output: non-overruling
in the wake of hohn, we must overrule beeler and kelly iii's holding that a habeas corpus "case" is not pending until the habeas petition itself has been filed.
Output: overruling
to the extent that hurth v. state, 688 so.2d 275 (ala.cr.app. 1995), conflicts with this case, it is due to be overruled.
Output: overruling
to the extent our opinion in boxx v. long warrior, 265 f.3d 771, 776 (9th cir. 2001), states that montana's first exception is limited to "commercial dealing, contracts, leases, or other arrangements" and that "such [other] arrangements also must be of a commercial nature," we disapprove the statement.
Output: overruling
the report showed that, in cook county, the average lapse of time between the date of filing to the date of verdict, was 37.5 months, and that the average time between the date of filing to the date of verdict in st. clair county was 36.6 months.
Output: non-overruling
in accord with robbins, we overrule turner in part and implement the following procedure to govern cases where appellate counsel represents an indigent criminal defendant and does not believe his or her client's case presents any arguable issues on appeal:
Output: overruling
people v chambers, 430 mich 217, 222; 421 nw2d 903 (1988).
Output: non-overruling
see, e.g., estate of redden v. redden, 179 n.c. app. 113, 117, 632 s.e.2d 794, 798 (2006) (concluding that an order for partial summary judgement requiring the defendant to pay the sum of $150,000.00 and costs affected a substantial right).
Output: non-overruling
restitution of an excessive fee, therefore, can be ordered as a condition of readmission or reinstatement, and we recede from winn to the extent that it conflicts with this holding.
Output: overruling
chevron has been overruled.
Output: overruling
the majority wisely corrects our mistake in mendiola by overruling that case's interpretation of these rules.
Output: overruling
to the extent that these cases are inconsistent with our conclusion herein, they are disapproved.
Output: overruling
you must not consider this evidence for any other purpose.""
Output: non-overruling
most error, even constitutional error, may be waived by the failure to properly put the trial court on   notice of the objection or request.
Output: non-overruling
id. at 248-49.
Output: non-overruling
today that decision has been overruled.
Output: overruling
sosataquechel's affirmative answer to the court's plea colloquy question about whether he had an adequate opportunity to discuss the facts of the case and defenses thereto does not adequately resolve his present claim as to the defense of self-defense.
Output: non-overruling
appellant now appeals from his two convictions for the felony offense of    aggravated assault against a public servant and his conviction for the felony offense of aggravated assault against a family or household member and the resulting concurrent sentences of seventy years for each conviction.
Output: non-overruling
see 691 n.w.2d 726, 729 (iowa 2005).
Output: non-overruling
all prior holdings to the contrary on this point are overruled, including the two roselle opinions, supra.
Output: overruling
id. like here, it was undisputed that schrock had permission to make the photographs.
Output: non-overruling
justice reyes and justice lampkin concurred in the judgment.
Output: non-overruling
accordingly, insofar as any statement in mcnemar relative to faline may be irreconcilable with our conclusions herein, such statement is hereby overruled.
Output: overruling
(shoemaker v. myers (1990) 52 cal.3d 1, 7.)
Output: non-overruling
{ 13} we have considered the issue raised in this case on numerous occasions.
Output: non-overruling
as an initial matter, should evidence of dm's   pregnancy be excluded, the evidence of the abortion would cease to be relevant to the extent it is needed to explain why no dna evidence is available.
Output: non-overruling
cf. doj guidance notice, 76 fed. reg. 470 at 7472 ([c]ompliance with section 5 of the voting rights act may require the jurisdiction to depart from strict adherence to certain of its redistricting criteria.).
Output: non-overruling
as the u.s. supreme court has stated,  judicial rulings alone almost never constitute a valid basis for a bias or partiality motion  directed to a trial judge.
Output: non-overruling
anything in settle that can be read to be contrary to the holding of this case is likewise overruled.
Output: overruling
that interpretation of  6-5-125 is overruled.
Output: overruling
to the extent that our nance decision is to the contrary it has been overruled.
Output: overruling