niryuu/sni-each-converted huggingface dataset:
aguilar's distinction between inherently and noninherently deadly weapons is reflected in calcrim no. 875's definition of ""deadly weapon,"" which states: ""a deadly weapon other than a firearm is any object, instrument, or weapon that is [1] inherently deadly or [2] one that is used in such a way that it is capable of causing and likely to cause death or great bodily injury.""
Output: non-overruling
accordingly, the fair political practices opinion is disapproved to the extent that it is inconsistent with the present decision.
Output: overruling
kopera testified for the state at mcghie's trial.
Output: non-overruling
see also state v. rose, 11th dist. lake no. 2016-l-067, 2017-ohio-4235, 15.
Output: non-overruling
the decision in jopes v. salt lake county, 9 utah 2d, 297, 343 p.2d 728 (1959), is hereby overruled.
Output: overruling
therefore, the language in crawford that is in conflict with our holding here is expressly disapproved.
Output: overruling
state v. banks, no. 1992841cf at 8 (fla.2d jud. cir. ct. final order denying motion to vacate filed oct. 15, 2014).
Output: non-overruling
in response to hughes , we have overruled the killingsworth procedure and substituted the following procedure:
Output: overruling
insofar as the language in magezis v. municipal court, supra, 3 cal.3d at p. 58 and in grimes v. municipal court, 5 cal.3d 643, 646 [ 97 cal.rptr. 9, 488 p.2d 169] requires a more substantial showing by appellants than is required under mayer, they are disapproved.
Output: overruling
we flatly rejected this logic a century ago in state ex rel. state capitol commission v. lister, 91 wash. 9, 156 p. 858 (1916), and we reject it again now.
Output: overruling
lopez also argues that, as a procedural matter, the bia should have remanded the case so the ij could consider his request for cancellation in light of the new evidence.
Output: non-overruling
that view has been disapproved.
Output: overruling
as we determined in the case of jackson v. nat. harrison associates, 283 so.2d 27 (fla. 1973), filed this date, stephens v. winn-dixie stores, inc., supra, is no longer controlling since the apportionment statute (fla. stat.  440,15(5)(c), f.s.a.) has been substantially altered since the rendition of the stephens' opinion.
Output: overruling
see holbrook, 475 us at 569-571.
Output: non-overruling
in his first assignment of error, appellant contends that the trial court plainly erred when it failed to advise him of the information required by ors 426.100(1).
Output: non-overruling
retitled ""written deposition,"" the proposed form was intended to be completed by the evaluator and reflect the evaluator's assessment of the capacity of the alleged incapacitated person.
Output: non-overruling
on the contrary, we hold that forcing green to defend title to cargill's cattle cannot be characterized as an interference with green's property as we have defined such an injury today, and we disapprove of the anomalous holding in bridgers to the extent that it expands the reach of special injury to include the incidental effects of an injunction on those who were not directly targeted by the injunction.
Output: overruling
the false statement must point to the plaintiff and ""to no one else."" newspapers, inc., 339 s.w.2d at 894; houseman, 242 s.w.3d at 525.
Output: non-overruling
see scott, supra at 352; commonwealth v. ruffin, 475 mass. 1003, 1004 (2016).
Output: non-overruling
r.m. v. swearingen, 510 s.w.3d 630, 633 (tex. app.el paso 2016, no pet.); see tex. code crim. proc. ann. art. 7a.01(a)(1)-(2) (west, westlaw through 2017 1st c.s.).
Output: non-overruling
we therefore overrule j.w.j. v. p.k.r., supra, and reaffirm the holdings in m. u., supra, and heller.
Output: overruling
in muhammad, this court rejected a similar claim by an inmate that the clemency process was flawed and amounted to a denial of due process.
Output: non-overruling
we therefore overrule our decision in jones v. wfyr radio/rko general, supra, and hold in this case that an order denying a motion for appointment of counsel is not immediately appealable, but may be reviewed only on appeal from a final judgment.
Output: overruling
the portion of anderson v. calderon, 232 f.3d 1053, that reached a contrary conclusion is overruled.
Output: overruling
i would not have issued this order since i would not have known what [physician's] needs would be for the procedure to remove the battery.
Output: non-overruling
we overrule any suggestion in beam that there may be an inevitable constitutional barrier to the use of dual juries in capital cases, experimentally or otherwise.
Output: overruling
texas osage co-operative royalty pool v. sullivan, tex.civ.app., 93 s.w.2d 566, an opinion of this court, is not in point on the facts, but statements in that opinion conflicting with our own conclusion, if any there be, are overruled to the extent of the conflict.
Output: overruling
{57} however, even if he did not waive the issue by withdrawing the request, he did waive the kastigar issue when he entered a guilty plea. united states v. gaffney, 469 f.3d 211, 215 (1st cir.2006), citing united states v. lujan, 324 f.3d 27, 30 (1st cir.2003) (a guilty plea waives an appeal based on a kastigar claim based on the fifth amendment.).
Output: non-overruling
martinez, 127 s.w.3d at 794-95; coleman v. state, 440 s.w.3d 218, 223-24 (tex.app.--houston [14th dist.] 2013, no pet.). generally, unspecific offers to help are not likely to induce one to make an untruthful statement and will not invalidate a confession.
Output: non-overruling
silbernagel v. silbernagel , 2011 nd 140,  11, 800 n.w.2d 320. ""a party may not collaterally attack a final decision, that was not appealed, in subsequent proceedings.""
Output: non-overruling
to the extent that state v. hinton, 680 p.2d 749 (utah 1984) (per curiam) is inconsistent with this rule, it is overruled.
Output: overruling
cases such as people v. stathos, supra, 17 cal.app.3d 33, are disapproved insofar as they are inconsistent with the views expressed herein.
Output: overruling
we do not read lang to have overruled hoben.
Output: non-overruling
we believe, to the contrary, that the supreme court silently retracted the anderson dictum in ennis v. state, 95 so.2d 20 (fla. 1957), cert. den., 355 u.s. 868, 78 s.ct. 117, 2 l.ed.2d 74 (1957) and held, as did state v. yarboro, 194 n.c. 498, 140 s.e. 216 (1927) and state v. avery, 111 kan. 588, 207 p. 838 (1922) under comparable statutes, that a conviction under section 832.05 may be had absent proof of an intent to defraud.
Output: overruling
that case is hereby overruled.
Output: overruling
after the evidence was presented at the denial hearing, the court ruled that it would enter a ""true finding as to the sole count of criminal trespass.""
Output: non-overruling
to the extent that the shumaker and howard cases are inconsistent with the views expressed herein, they are disapproved.
Output: overruling
accordingly, we hereby overrule hicks and its progeny, including thomas v. state, 284 ga. 327328(1), 667 s.e.2d 375 (2008) and capote v. ray, 276 ga. 1, 2(1), 577 s.e.2d 755 (2002).
Output: overruling
however, on occasion the court has declined to adopt legislative changes to the evidence code because of significant concerns about the amendments, including concerns about the constitutionality of an amendment.
Output: non-overruling
see in re mission consol. indep. sch. dist., 990 s.w.2d 459, 461 (tex. app.corpus christi 1999, orig. proceeding [mand.
Output: non-overruling
as we explained earlier, md. rule 8-131(a) requires a party to make ""'timely objections in the lower court,'"" or ""'he[/she] will be considered to have waived them and he[/she] cannot now raise such objections on appeal.'"" breakfield, 195 md. app. at 390, 6 a.3d at 388 (quoting caviness, 244 md. at 578, 224 a.2d at 418).
Output: non-overruling
to the extent that it holds otherwise, delia s. v. torres (1982) 134 cal.app.3d 471, 483-484 [ 184 cal.rptr. 787], is disapproved.
Output: overruling
in sum, hernandez is modified as follows: double credit should not be awarded where a defendant is sentenced to consecutive sentences under separate indictments and receives the optimal benefits of jail credit for time spent in pre-sentence custody.
Output: overruling
that is because ""if counsel has failed to conduct a reasonable investigation to prepare for sentencing, then he cannot possibly be said to have made a reasonable decision as to what to present at sentencing.""
Output: non-overruling
this analysis is not inconsistent with dudewicz v norris-schmid, 443 mich. 68, 78-80; 503 nw2d 645 (1993).
Output: non-overruling
in doing so, we recede from jackson, russman and our other cases holding that unpronounced, but otherwise unobjectionable, conditions of probation contained in probation orders must be stricken and cannot be reimposed.
Output: overruling
pt today, inc v comm'r of office of fin & ins servs, 270 mich app 110, 127; 715  nw2d 398 (2006) (quotation marks, citations, and brackets omitted).
Output: non-overruling
however, for the reasons assigned by judge (now justice) lemmon in his dissent to the original opinion of this court and judge redmann in his dissent to the opinion on remand in seavey we overrule the seavey case.
Output: overruling
nenno is overruled to the extent it decides article 38.22, section 6, applies only to custodial statements.
Output: overruling
for example, disposition reports routinely set forth the circumstances of the offense as described in the police report including witness statements and the minor's statement.
Output: non-overruling
defense counsel questioned grimes at length about what defendant had been wearing and whether he had made inconsistent statements about defendant's shirt and boots.
Output: non-overruling
attorney for appellant  rory gallaghermarion county public defenderindianapolis, indiana  attorneys for appellee  curtis t. hill, jr.attorney general of indiana  ian mcleandeputy attorney generalindianapolis, indiana    appeal from the marion superior court  the honorable david hooper, magistrate  trial court cause no. 49g12-1610-cm-39839  bailey, judge.
Output: non-overruling
diaz-diaz contends that the government failed to prove venue and that he was prejudiced by the district court's rejection of his proposed jury instruction on venue.
Output: non-overruling
in the wake of johnson v. united states, 135 s. ct. 2251 (2015), dean filed a  2255 motion in which he argued that his convictions for attempted armed robbery and aggravated battery do not qualify as violent felonies under the ""elements clause"" of the acca, 18 u.s.c.  924(e)(2)(b)(i).
Output: non-overruling
unlike mr. swann in dover, however, holzhauer did not offer expert testimony to attempt to explain why the escalator malfunctioned.
Output: non-overruling
and, to the extent dennis v. william penn life assur. co. of america, 714 f. supp. 1580 (w.d. okla. 1989), expresses a contrary interpretation of section 3609, it is disapproved.
Output: overruling
a further reason for wiping the rule enunciated in united states v. feinberg off the books is that in practice it is no longer followed in this circuit when reviewing the denial of motions for acquittal for insufficiency of the evidence.
Output: overruling
moreover, our conclusion today is not intended to alter an insured's ability to assign his or her right to past or presently due benefits to a healthcare provider.
Output: non-overruling
##note: i cannot find rose v. sears, roebuck co. in the snippet or full text.
Output: overruling
for the reasons that follow, we disapprove campanella and kotoff to the extent they conclude that a court exercising its discretion on a motion for special trial preference may not consider the plaintiff's lack of diligence or prejudice to the defendant once the five-year bar is imminent.
Output: overruling
state v. schwaderer, supra.
Output: non-overruling
there is no law or legal precedent specifically directing that a transit authority must control the schedules and work hours of transit employees to provide safe public transit, and the cta cannot show a well-defined and dominant public policy that prevents collective bargaining of the type of scheduling and work hour matters at issue here.
Output: non-overruling
to the extent that the language in johnson supports the plaintiff's position, we now expressly disavow any suggestion that the decision of the statewide bar counsel not to refer a grievance complaint to a screening panel pursuant to  232(a)(2) is essentially unreviewable.
Output: overruling
the state maintains that the compassionate use act is broader than the act, ""does not involve any of the same oversight,"" and there ""are no safeguards to prevent abuse.""
Output: non-overruling
. rognrud
Output: non-overruling
{8} ""'(t)his court utilizes r.c. 2953.08(g) as the standard of review in all felony sentencing appeals.'
Output: non-overruling
in this case, the trial court did not clearly err by finding clear and convincing evidence to support termination under mcl 712a.19b(3)(g) and (j).
Output: non-overruling
we disapprove the following cases to the extent they are to the contrary:
Output: overruling
in peteja, the court of appeals incorrectly held that whether the investigation involves a felony offense depends upon whether the evidence that was destroyed, altered, or concealed would have tended to demonstrate the commission of a felony.
Output: overruling
in this case, like winnebago and contrary to tyson foods, employer's admission played a substantial role in the case's disposition.
Output: non-overruling
as such, we find that the specific test set forth in cruz has been eliminated by section 777.201.
Output: overruling
even though we have not been referred to a clear constitutional provision or doctrine invalidating the jurisdiction conferred by section 3.2, petitioner has cited statements and language in a number of authorities in support of its position, including those statements in city of pasadena v. railroad com., supra, 183 cal. 526, heretofore disapproved.
Output: overruling
we recede from lyles and williams to the extent that they declined to apply ree retrospectively to nonfinal cases.
Output: overruling
. . . the connection between the cause of death and the burglary . . . must involve more than just their occurrence at the same time and place.""
Output: non-overruling
rather, as discussed, the board separately set out why it would be appropriate to bring employee picketing within that frameworkincluding by reasoning that picketing can be noncoercive and nondisruptive, as the board found was true of the peaceful, stationary holding of picket signs in this case.
Output: non-overruling
we are constrained to respectfully disagree with that approval and overrule that particular aspect of the myers case.
Output: overruling
insofar as those cases hold that the testimony of a witness given at a former trial, and read at the instant trial, because of the nonavailability of the witness cannot be impeached by contradictory statements made subsequent to the former trial, or by statements made prior thereto but where the impeacher clearly shows that he had no knowledge of such contradictory statements, they are, and each of them is, overruled.
Output: overruling
to the extent winkle v. jones, ky., 265 s.w.2d 792 (1954), and harvey coal corp. v. smith, ky., 268 s.w.2d 634 (1954), are inconsistent with this decision, they are overruled.
Output: overruling
the district court dismissed count i because ""without some factual basis for the allegation that an elevated table in a galley was defective or that [ncla] had notice of its dangers, [allen]'s claim for jones act negligence fails as a matter of law."" allen had ""not asserted facts that any instrumentality he was required to use was defective nor [had] he asserted he was instructed to perform his duties in an unsafe manner.""
Output: non-overruling
we do so now and overrule part iii of montenegro.
Output: overruling
moreover, the legislature asserts that good enough or close enoughas only the legislature has the power to define those termssuffice when asking the people to consent to the adoption of a constitutional amendment.
Output: non-overruling
because here, as in workman and in contrast to ex parte new york, the defendant was an entity generally within the jurisdiction of the district court, ex parte new york is inapposite, and workman compels the conclusion that the county is unprotected by sovereign immunity.
Output: overruling
id. a judgment is clearly erroneous if the findings do not support the trial court's conclusions or the conclusions do not support the judgment.
Output: non-overruling
to the extent that busot v. busot, 354 so.2d 1255 (fla.2d dca 1978); clemons v. morris, 350 so.2d 519 (fla. 4th dca 1977); hall v. air force finance center, department of the air force of the united states, 344 so.2d 1340 (fla. 1st dca 1977); and decastro v. decastro, 334 so.2d 834 (fla.3d dca 1976), are inconsistent with this decision, they are disapproved.
Output: overruling
bonnell at  29.
Output: non-overruling
finally, agerbrink argues that the contract is unenforceable because msa is an illegal employment agency under new york law. but, as noted above, the court has already rejected this claim in a prior opinion.
Output: non-overruling
to the extent that hudson provides otherwise, it is overruled.
Output: overruling
see also the progeny of the williams decisions, likewise overruled as to this holding: state v. fisher, 362 so.2d 553 (la. 1978); state v. proctor, 354 so.2d 488 (la. 1977); state v. dickerson.
Output: overruling
however, we take this occasion to disapprove of our decision in kenai peninsula insofar as it would bar the rule 60(b) motion in the case at bar.
Output: overruling
dr. hunter used the minnesota multiphasic personality inventory-2 to diagnose stacie with ""major depressive disorder, recurrent, moderate.""
Output: non-overruling
likewise, we have relied on the framework of that section in recognizing the principle that even when an actor's conduct does not create a risk of physical harm, the actor may still owe an affirmative duty of care based on a special relationship.
Output: non-overruling
tex. dep't of pub. safety v. foster, 398 s.w.3d 887, 890 (tex. app.dallas 2013, no pet.). under this standard, we conduct an independent analysis of the record, giving no deference to the trial court's conclusions.
Output: non-overruling
""intoxication may be proven by the defendant's behavior including: loss of balance, slurred speech, lack of body coordination, and impairment of motor reflexes.""
Output: non-overruling
fww raises essentially the same argument here.
Output: non-overruling
we therefore disapprove the court of appeal's decision in diaz, supra, 13 cal.app.4th 1755, insofar as it is inconsistent with the views expressed in our opinion in the present case.
Output: overruling
accordingly, the judgment is affirmed.
Output: non-overruling
by this determination, i conclude that in re fenstermacher, supra, is not good law and should be and hereby is overruled.
Output: overruling
this is because the law generally assumes that a person who encounters such conditions will take care to avoid any danger inherent therein.
Output: non-overruling
contrary to the grandmother's contention on appeal, under the circumstances of this case, there was a binding and effective waiver by her of the right to counsel (cf. matter of soto v willis, 143 ad3d 728, 729-730).
Output: non-overruling
to the extent that any of our cases hold that direct evidence is required to establish a mixed-motive case, they are no longer good law.
Output: overruling
this decision typically can be made without a hearing because eligibility is often obvious on the incontrovertible written record.""
Output: non-overruling
tex. civ. prac. & rem. code ann.  150.002(f) (west 2011).
Output: non-overruling
similarly overruled is the extension of the hopkins rule and rationale as the basis for naming the mspb respondent in appeals of its decisions dismissing for lack of jurisdiction.
Output: overruling
we quash the decision below and remand for entry of a judgment consistent with this opinion.
Output: overruling
because the judgment in the taxpayer action is an illinois judgment, we would look to the law of illinois to determine whether claim preclusion bars the claim.
Output: non-overruling
we overrule himont to the extent that it permitted such a remedy.
Output: overruling
to the extent that this opinion conflicts with kilpatrick v. state, 622 so.2d 1032 (fla. 2d dca 1993), we recede from kilpatrick.
Output: overruling
consequently, w e disapprove the decision in state v. falcon 556 so.2d 762 (fla. 2d dca 1990), which, contrary to ferrair, held that section 713.34 (3), florida statutes (1985), created an unconstitutional mandatory presumption.
Output: overruling
we thus disapprove of the language of these court of appeals cases to the extent that they hold or suggest otherwise.
Output: overruling
cf. ammons v. okeechobee county, 710 so. 2d 641, 645 (fla. 4th dca 1998) (rejecting a claim of violation of substantive due process based on allegedly wrongful revocation of occupational license, as ""[t]he denial of such a license does not prevent a business owner from pursing a lawful occupation,"" but ""merely prevents the business from operating at a particular location"") appellants' allegations do not support a claim that they were prohibited from engaging in their chosen trade or profession or that they were unable to operate the club at another location.
Output: non-overruling
we have reconsidered the rule of those cases in light of our decisions in law and adams, and we today overrule those cases to the extent that they allow parole revocation to be made effective upon the completion of a sentence imposed for an offense while the prisoner was on parole, or to be made effective in futuro upon similar future occurrence or condition.
Output: overruling
we now apply these principles of appellate review for the sufficiency of evidence for the armed robbery in this case.
Output: non-overruling
because we find the trial court erred in holding wife in contempt for refusing to cooperate with husband and his lender between the date of the approval until the closing of the loan, we reverse all damages resulting from that ruling.
Output: non-overruling
to the extent graham, in re s.h. (1),and in re s.h. (2) are in conflict with this decision, they are overruled.
Output: overruling
appellant's ground of error is accordingly overruled.
Output: overruling
casey is overruled.
Output: overruling
after considering these arguments, we agree that king should be overruled to the extent that it is inconsistent with the plain language of the provisions at issue.
Output: overruling
blue diamond coal co. v. meade, supra, is overruled to the extent that it implies that an award or settlement may be reopened on the ground of mistake in every case where a claimant is able to demonstrate that he was entitled to more compensation than he actually got at the time of his settlement or award.
Output: overruling
the decisions on which welton principally relied, including united states v. harris, 536 f.3d 798, 813 (7th cir. 2008); united states v. clanton, 538 f.3d 652, 660 (7th cir. 2008); and united states v. millbrook, 553 f.3d 1057, 1067 (7th cir. 2009), likewise are overruled on this issue.
Output: overruling
the petitioner has not demonstrated that the absence of an evaluation by a mental health expert had any effect on the outcome of the proceeding, and he is not entitled to relief.
Output: non-overruling
the assistant state's attorney's actions may or may not have been inadvertent; however, it is still the role of the prosecutor to present the  pertinent law to the grand jury. di vincenzo, 183 ill.2d at 254, 233 ill.dec. 273, 700 n.e.2d 981. subjecting a defendant to criminal prosecution in this case based on the state's incorrect presentation of the law to the grand jury deprived him of his right to due process, whether the assistant state's attorney's actions were intentional or not.
Output: non-overruling
for the reasons set forth below, we quash the fourth district's decision in alcorn because the fourth district incorrectly analyzed the prejudice prong, but we also disapprove the conflict cases revell and lewis because their analysis is inconsistent with the united states supreme court's decisions in frye and lafler.
Output: overruling
thus, florida has always required jury verdicts to be unanimous on the elements of criminal offenses.
Output: non-overruling
thus, in cases presenting factual scenarios like that before us, we can no longer adhere to our decision in johnson, and to the extent it thus conflicts with our holding today, it is overruled.
Output: overruling
our decision here necessarily overrules hyman.
Output: overruling
four of the articles were commentaries predicting that the 2016 election could turn violent, and of these four, two were based on a report of the same election observer.
Output: non-overruling
hill v. hill , 244 n.c. app. 219, 22324, 781 s.e.2d 29, 3334 (2015) (alternation in original) (citations omitted).
Output: non-overruling
id.  4 cmt.
Output: non-overruling
we hold that carter and earlier decisions declaring that a motion for reconsideration of a summary judgment constitutes a motion for a new trial were incorrectly decided.
Output: overruling
repko moved for reconsideration and argued, among other things, that because the county simply pled it was entitled to immunity under subsection (12), the gross negligence standard contained in subsection (12) must be read into the immunity provisions contained in subsections (4), (5), and (13).
Output: non-overruling
we have reassessed dorsey and overrule it, finding its arguments unpersuasive when considered in the light of the demands of fair and efficient administration of justice.
Output: overruling
had we intended deliberately to take an opposite view of section 16(c) (8 usca  216(c), we should certainly have said so; our decision is overruled.
Output: overruling
the order states that the assignors ""shall be treated as parties to the case for discovery purposes in producing documents and appearing for deposition . . . with the same protections and obligations applying to the assignors as apply to [the] parties.""
Output: non-overruling
as such, la.civ. code art. 2365 is not applicable to the matter before us, and we specifically overrule this holding in nash.
Output: overruling
having decided that united states v. hartley is no longer the law of this circuit, we remand to the original panel in this case all other matters to be resolved in this appeal.
Output: overruling
it is therefore, to that extent, overruled.
Output: overruling
accordingly, the holdings on this point in state ex rel. nelson v. sims and state ex rel. west v. kivett are overruled to the extent that they are inconsistent with this opinion.
Output: overruling
the inverse process includes ""stuffing"" containers off-site and eventually loading them onto the cargo ships for export at the   terminals.
Output: non-overruling
accordingly, we recede from that portion ofhenderson which conflicts with our ruling here, affirm washington's convictions, and certify conflict withcrawford.
Output: overruling
in re h.b.c., 482 s.w.3d 696, 702 (tex. app.texarkana 2016, no pet.) (quotation marks and citation omitted).
Output: non-overruling
aclu pretrial justice manual at 42.
Output: non-overruling
when asked what happened and who stabbed him, the defendant answered, ""i'm depressed.
Output: non-overruling
in re t.p., 12th dist. butler no. ca2015-08-164, 2016-ohio-72,  19.
Output: non-overruling
appellant argues the alleged charge error ""at least in theory"" could have allowed the jury to convict him for brandishing a hammer.
Output: non-overruling
crim. app. june 18, 1999).
Output: non-overruling
to the extent morning fresh farms can be read as holding that the mere presence of a building, without more, provides sufficient connection to meet the requirement that the product "originate from the land's productivity," we decline to follow it.
Output: overruling
we are not persuaded by the rationale of either opinion and insofar as hillman v. commissioner, supra, is in conflict with our decision it is overruled.
Output: overruling
the sentencing commission's commentary fully supports this construction.
Output: non-overruling
three courts of appeals have reached the opposite conclusion on similar facts.
Output: overruling
that was the mandatory minimum under the armed career criminal act (""the acca"" or ""the act""), and the district court imposed it because of peppers's previous convictions.
Output: non-overruling
see commonwealth v. beverly, 389 mass. 866, 870 (1983).
Output: non-overruling
when reviewing the sufficiency of the evidence, we apply the well-established standards of review.
Output: non-overruling
to the extent that barnes can be read to permit a direct appeal from an adjudicative agency decision reviewed by the superior court within the meaning of  5-6-35 (a) (1), it is hereby disapproved.
Output: overruling
neither party disputes the sentencing court's decision to apply the version of the guidelines in effect on the date of sentencing.
Output: non-overruling
in view of this holding, the decision in state ex rel. west virginia department of transportation v. cookman, 219 w.va. 601, 639 s.e.2d 693 (2006), is overruled in its entirety.
Output: overruling
we are aware of govan v. state, 682 s.w.2d 567 (tex.cr.app. 1985), holding an objection such as the instant one to be sufficient to preserve error, but govan appears to be an aberration, and is overruled to the extent of any conflict.
Output: overruling
and because  1367(b) contains no exception for joinder of plaintiffs under rule 20 or class actions under rule 23, the court concludes, clark and zahn have been overruled.
Output: overruling
but to the extent the court of appeal's implication might be read to suggest that the magistrate's failure cannot deny a defendant a substantial right affecting the legality of the commitment even when the failure is prejudicial as well as erroneous, the appellate court's opinion is unsound under the analysis set out above and is hereby disapproved.
Output: overruling
see commonwealth v. diaz, 448 mass. 286, 288 (2007).
Output: non-overruling
[2] father and t.b. (""mother"") are the parents of child, who was born october 7, 2014. three months later, on january 16, 2015, the indiana department of child services (""dcs"") filed a petition alleging child was a child in need of services (""chins"") because mother had tested positive for various drugs at   child's birth.
Output: non-overruling
to the extent that these decisions advance this reasoning, they are disapproved.
Output: overruling
we here merely recede from prior cases in order to establish a rule which we are convinced will be productive of results more nearly consonant with the demands of justice and the dictates of ethics and morality.
Output: overruling
district 6 retains 70.3% of its predecessor district (old district 1). however, as discussed above, the senate in drawing this district did not perform a functional analysis, but rather focused on keeping the core of old district 1. old district 1, however, was drawn at a time when compactness was not a constitutional imperative.
Output: non-overruling
because we determine that plaintiff's combined rule 52, 59, and 60 motion was not timely served on defendant as to the 10 january orders, which in turn rendered plaintiff's appeal from those underlying orders untimely, we decline to grant plaintiff's petition for writ of certiorari in coa17-1119 to address the merits of his appeal, see infra.
Output: non-overruling
therefore, the entire july 31, 2013 invoice is within the scope of the award.
Output: non-overruling
moreover, the consent order mandated that the father was to have skype contact with the child one time per week, and the mother failed to comply with that directive.
Output: non-overruling
a hearing on all three motions was conducted.
Output: non-overruling
for clarity, we pause to note that by overturning winter storm, we also abrogate any decision insofar as it has relied on winter storm, specifically, consub delaware llc v. schahin engenharia limitada.
Output: overruling
we, therefore, overrule trahan, supra, to the extent that it conflicts with this holding and modify the cases listed in footnote six to conform to our holding here.
Output: overruling
another case in which a new rule was created by overruling precedent is state v. ikezawa.
Output: overruling
because courts of appeals have reached differing conclusions about what the due process clause requires of the united states when it seeks to provide notice to a federal inmate of its intention to forfeit property in which the inmate appears to have an interest, we granted certiorari to consider the adequacy of the fbi's notice to petitioner of its intended forfeiture of the cash.
Output: overruling
consequently, once proof is made that the judgment is void based on extrinsic evidence, the judgment is said to be equally ineffective and unenforceable as if the judgment were void on its face because it violates constitutional due process.
Output: non-overruling
he argues his postconviction petition stated an arguable claim that he was denied effective assistance of appellate counsel because his counsel did not argue on direct appeal that the trial court erred when it denied his motion to dismiss juror cross for cause.
Output: non-overruling
here, the analyst statement provides an example of how forgery and identity theft convictions must have been made ""in connection with"" each other to preclude relief under proposition 47. 
Output: non-overruling
for the foregoing reasons, we overrule willis and hold that the cartwright act applies to the professions.
Output: overruling
i join the court's opinion.
Output: non-overruling
to the extent that the miller case may be construed as declaring unlawful the picketing of a business by non-employees, it is no longer authoritative.
Output: overruling
but here, the district court denied leave to amend based on futility.
Output: non-overruling
defendant sent four letters to counsel between january 2011 and november 2014. he received no response from counsel and waited four years before contacting the clerk's office.
Output: non-overruling
because that proposition is contrary to the restatement rule as adopted in gross, barber and joe cooper are, to that extent, overruled.
Output: overruling
syllabus point 1, in part, chambers, 157 w.va. at 77, 198 s.e.2d at 807.
Output: non-overruling
upon re-examination of the rule set forth in those cases, we find it to be improper and confusing to the jury, and we therefore recede from it and overrule those cases to that extent.
Output: overruling
32 for a time we articulated a standard formulation of waiver that did not mention any requirement of proof of prejudice.
Output: non-overruling
any statements to the contrary in johnson v. county of fresno, 64 cal.app.2d 576 [ 149 p.2d 38]; klimper v. city of glendale, 99 cal.app.2d 446 [ 222 p.2d 49]; brown v. sequoia union high school dist., 89 cal.app.2d 604 [ 201 p.2d 66]; and slavin v. city of glendale, 97 cal.app.2d 407 [ 217 p.2d 984], are disapproved.
Output: overruling
the intention of the parties or their own beliefs as to what state is the child's home state are irrelevant.
Output: non-overruling
we also overrule our prior decisions adopting the corpus delicti rule.
Output: overruling
whether to grant an award under  97-88.1,
Output: non-overruling
smith, 355 s.w.3d at 148.
Output: non-overruling
dissent is instructive, noting specifically that the majority found waiver and suggests, therefore, that any further substantive analysis is
Output: non-overruling
the first section of part 2a of article 81b of chapter 15a of the north carolina general statutes is n.c.g.s.  15a-1340.19a, which is entitled ""applicability"" and provides that ""a defendant who is convicted of first degree murder, and who was under the age of 18 at the time of the offense, shall be sentenced in accordance with this part."" n.c.g.s.  15a-1340.19a
Output: non-overruling
we also overrule that portion of berry v. mclemore, 670 f.2d 30, 34 (5th cir. 1982), in which we relied on jones to find an abuse of discretion in the district court's failure to assess as an item of costs the full fee of an expert witness who was "important" to the plaintiff's  1983 case.
Output: overruling
in addition, cancel challenges his composite sentence for the three counts of first-degree sexual abuse of a minor: 60 years' imprisonment with 20 years suspended (i.e., 40 years to serve).
Output: non-overruling
see 1 j. kalinowski, antitrust laws and trade regulation 12.02[1] (2d ed. 2017) (kalinowski); p. areeda & h. hovenkamp, fundamentals of antitrust law 15.02[b] (4th ed. 2017) (areeda & hovenkamp); capital imaging assoc., p. c. v. mohawk valley medical associates, inc., 996 f. 2d 537, 543 (ca2 1993).
Output: non-overruling
following the denial of his motion to reconsider his sentence, the defendant filed a timely notice of appeal.
Output: non-overruling
compare 307 f. 3d, at 1017, with aclu foundation v. bridges, 334 f. 3d 416, 421-423 (ca5 2003) (tia bars federal action seeking to have any part of a state's tax system declared unconstitutional).
Output: overruling
we hereby overrule alexander, supra, 22 cal.2d 198, and hold that, subject to limitations imposed by statute, the right to petition for judicial review of a final decision of an administrative agency is not necessarily affected by the party's failure to file a request for reconsideration or rehearing before that agency.
Output: overruling
to the extent that gentry is inconsistent with this rule, we overrule it.
Output: overruling
the court of appeals adopted a somewhat more moderate construction of the regulation.
Output: non-overruling
after carefully weighing considerations of stare decisis against the persuasive criticisms of the dupuy rule, we conclude that this artificial and potentially harmful rule must be abandoned.
Output: overruling
individuals enjoy a non-trivial privacy interest in their booking photos, and we overrule free press i 's contrary holding.
Output: overruling
ibid. based on its contract with opm, see app. to pet. for cert. 129a130a, coventry asserted a lien for $6,592.24
Output: non-overruling
although the fines and fees order provides for offset of these fines, it does not state the number of days' credit defendant should receive or reflect the credit was actually awarded.
Output: non-overruling
to the extent any georgia court of appeals opinions hold that the municipal ante litem notice statute applies to claims other than negligence claims, they are overruled.
Output: overruling
the court's order concluded that plaintiff's complaint was time-barred.
Output: non-overruling
to the extent that kendricks, supra, or any other case, conflicts with this opinion, it is overruled.
Output: overruling
now, en banc, we overrule bailey and hold that lumpkin does not apply retroactively.
Output: overruling
a habeas petition is not a second appeal.
Output: non-overruling
id. at 207-08.
Output: non-overruling
appellant appeals.
Output: non-overruling
therefore, we hold today that a maintenance award in a fixed amount to be paid out over a definite period of time is subject to modification under krs 403.250(1), thereby overruling dame.
Output: overruling
this case bears no resemblance to cordis,   where ""academic norms gave rise to an expectation that disclosures will remain confidential.""
Output: non-overruling
11 here, the bondsman tracked durfey to montana.
Output: non-overruling
we disagree, and expressly reject the reasoning of mid-continent and utica square.
Output: overruling
should the conclusion we have reached appear to be in conflict with what has heretofore been said by this court in state ex rel. landis v. city of hollywood, 130 fla. 364, 178 so. 412, the holding in such previous case is hereby overruled and receded from to the extent of such conflict.
Output: overruling
{27} appellant's assignments of error are overruled.
Output: non-overruling
specifically, the state argued the construct distorted the meaning of "proof beyond a reasonable doubt," and continued the distinction between direct and circumstantial evidence which we disavowed in hankins v. state.
Output: overruling
accordingly, christensen is disapproved.
Output: overruling
kinsel v. lindsey, 526 s.w.3d 411, 419 (tex. 2017).
Output: non-overruling
state v. reyes, 744 n.w.2d 95, 101 (iowa 2008) (quoting united states v. lovasco, 431 u.s. 783, 790 (1977)).
Output: non-overruling
accordingly, everett is overruled, and the judgment of the superior court is reversed.
Output: overruling
husband contends that recitation of the terms of an agreement into the record is sufficient to satisfy section 31-15-2-17(a)'s writing requirement.
Output: non-overruling
as salerno observed, the bail reform act required individualized hearings in which ""the government [had to] convince a neutral decisionmaker by clear and convincing evidence that no conditions of release can reasonably assure the safety of the community or any person."" 481 u.s. at 750.
Output: non-overruling
district of columbia, and the dicta in sims v. rives, and wood v. united states, are in conflict with the foregoing statement they are, to that extent, hereby repudiated.
Output: overruling
dr. benefield has never specifically identified how these affidavits prejudice his ability to prepare for a trial on the merits.
Output: non-overruling
id., at 216.
Output: non-overruling
in order that there can be no question in the future about the matter, we hereby overrule the southern paint mfg. co., inc., v. crump, supra, to the extent that it conflicts with our holding here.
Output: overruling
13 defendant is correct that abuse of discretion is typically the correct standard of review for discovery matters, such as the issue in the instant appeal.
Output: non-overruling
the rule propounded in reese, to the extent that it conflicts with this holding, is overruled.
Output: overruling
fernandes v. dar dev. corp., inc., 222 n.j. 390, 403-04 (2015) (citing townsend v. pierre, 221 n.j. 36, 51 (2015)).
Output: non-overruling
there was no evidence that the juror harbored any racial prejudice and, as the court explained, the rule of vann long was not applicable in that circumstance because, since ""no . . . bias was apparent, . . . an unequivocal response was not necessary to rehabilitate the juror's impartiality.""
Output: non-overruling
see, e.g., hyland v. homeservices of am., inc., 771 f.3d 310, 323 (6th cir. 2014) (affirming district court's holding that ""plaintiffs have not pled an alter ego or piercing the corporate veil claim in their fourth amended complaint and cannot now, when faced with summary judgment, assert this new theory of liability"" (citation omitted)); counts v. mk-ferguson co., 680 f. supp. 1343, 1347 n.3 (e.d. mo.) (""plaintiff has not pleaded alter ego liability against this defendant and it would not be possible to hold it liable on this basis given the claims advanced in the second amended complaint.""),
Output: non-overruling
see 15 u.s.c.  1692a(6) (""the term 'debt collector' means any person who uses any instrumentality of interstate commerce or the mails in any business the principal purpose of which is the collection of any debts, or who regularly collects or attempts to collect, directly or indirectly, debts owed or due or asserted to be owed or due another""; chiang v. verizon new england, inc., 595 f.3d 26, 41 (1st cir. 2010) (""creditors collecting on their own accounts are generally excluded from the [fdcpa's] reach"" unless they use ""any name other than [their] own which would indicate that a third person is collecting or attempting to collect such debts"").
Output: non-overruling
writ denied on the showing made.
Output: non-overruling
we disapprove this holding in bignotti insofar as it conflicts with our present decision.
Output: overruling
the defendant has the burden of showing that the testimony would have been both favorable and material to his defense.""
Output: non-overruling
estate of pepper, supra, 158 cal. 619, is therefore overruled.
Output: overruling
years later, the defendant perjured himself in front of a grand jury when he was called to testify as part of a renewed investigation into the alleged counterfeiting.
Output: non-overruling
so that the law is free from ambiguity in this area, empire star mines is overruled to the extent that it conflicts with this opinion.
Output: overruling
we do so, and now hold spears is incorrect insofar as it precludes the possibility of harmless error under any circumstances; and to that extent, it must be overruled.
Output: overruling
our review of the record reveals that white did not argue the capabilities of the recording device were inadequate in his motion to suppress, nor did white make any argument regarding its capabilities during the pre-trial hearing.
Output: non-overruling
as is relevant here, in the united states a ship can be liable in rem for cargo damage, the idea being that the ship impliedly ratified the shipping contract when the carrier loaded the cargo onboard.
Output: non-overruling
we note that, in mcclung, the supreme court of tennessee abandoned the imminent harm test put forth in cornpropst v. sloan, the case on which this court relied in shipes.
Output: overruling
cases on which defendant relies for sustaining the limited scope of the arbitrable issues and the necessity for preliminary court hearings on "jurisdictional facts" are hereby disapproved: pacific automobile ins. co. v. lang, supra, 265 cal.app.2d 837; rodgers v. state farm mutual auto. ins. co., supra, 13 cal.app.3d 641.
Output: overruling
the result the court reaches follows inexorably from roberts and its progeny without any need for overruling that line of cases.
Output: overruling
see generally worthy v. state, 307 ga. app. 297, 304 (3) (704 se2d 808) (2010) (rejecting argument of post-certified campus policeman that although he was off-duty and not on campus, he nevertheless had a duty to arrest a person who violated the law in his presence).
Output: non-overruling
we disapprove miller to the extent it is inconsistent with this opinion.
Output: overruling
see id. (""the secretary had authority to promulgate regulations to carry out these powers, . . . and he did so in 27 c.f.r. part 55. . . . the regulations authorized '[a]ny atf officer' to 'inspect the site of any accident or fire in which there is reason to believe that explosive materials were involved.'""
Output: non-overruling
this court disagrees with the rationale of the court of appeals in city of springfield, finding the rationale of loving v. city of st. joseph more persuasive.
Output: overruling
43 but standing is not a prerequisite to subject matter jurisdiction; it is the state's burden to demonstrate lack of standing, and that argument may be forfeited if not timely raised.
Output: non-overruling
gonzalez-lopez, 548 u.s. at 150.
Output: non-overruling
precedent authorizing such inference is overruled.
Output: overruling
first, as stated above, child support agreements must be calculated and reviewed by the district court to ensure compliance with the child support statutes.
Output: non-overruling
the supreme court has held that ""when an employer directs or requires an employee to undertake an activity, 'that compulsion, standing alone, brings an activity that is otherwise unrelated to work within the scope of employment.'""
Output: non-overruling
our review is therefore limited at most to whether any errors caused a substantial risk of a miscarriage of justice.
Output: non-overruling
for these reasons, we overrule hoiles to the extent it stated that "the engineer's work [on the bay view terrace map] . . . obliterated" lots 21, 22, 23, and 25, and held that lots 21, 22, 23, and 25 were dedicated to the public as a beach.
Output: overruling
see bassett, 528 f.3d at 430.
Output: non-overruling
all judges have expressed agreement with the conclusions herein respecting overruling long.
Output: overruling
the lee count justice court drug court began operation in 2009, after the text of subsection (2)(a)(v) was operative.
Output: non-overruling
[citation omitted].
Output: non-overruling
and in lawrence, which was later superseded in part by statute, seetex.
Output: overruling
accordingly, to the extent that it conflicts with what we say here, christensen is overruled.
Output: overruling