niryuu/sni-each-converted huggingface dataset:
american underwriters group, inc. v. williamson, 496 n.e.2d 807 (ind.ct.app. 1986) expressly overruled one of the principal cases establishing this right in indiana, automobile underwriters, inc. v. stover, 148 ind. app. 555, 268 n.e.2d 114 (1971).
Output: overruling
muoz-nava involved a downward variance from a 46-57-month guideline range to 12 months in prison and 12 months in home confinement.
Output: non-overruling
in that vein, the sharp court reexamined the five-part test from bird , ultimately disapproving of the third part of the test requiring that the hearsay statement must have been made outside the presence of the accused.
Output: overruling
he therefore contends that he should have received only a 14-level enhancement, as without the losses from renue therapy, the intended loss amount would be more than $550,000 but less than $1,500,000.
Output: non-overruling
because the trial court acted under its discretionary authority, as authorized by statute, to order the   defendant to serve his original sentence in confinement, the trial court did not abuse its discretion, and we affirm its judgment.
Output: non-overruling
because of this, and because the johnson remedy also independently relied on coram nobis principles, we deem it inappropriate to continue to rely on the johnson remedy, and conclude that the restoration of a denied direct appeal through resentencing to establish a new appeal time frame is no longer feasible.
Output: overruling
it did so, however, without considering irwin, and for that reason is overruled.
Output: overruling
to the extent farmers suggests that the partridge analysis applies in the coverage determination, we disapprove of that decision.
Output: overruling
here, the misdemeanor and   felony convictions are intertwined to the point that the interests of justice may be better served by considering the matters together.
Output: non-overruling
to the extent that extant oklahoma case law may be construed to reach a contrary conclusion, it is hereby disapproved and withdrawn.
Output: overruling
the third district certified conflict with the decisions in hoenstine v. state farm fire casualty co., 736 so.2d 761 (fla. 5th dca 1999), and florida farm bureau casualty insurance co. v. sheaffer.
Output: overruling
to the extent that state ex rel. nixon v. belt stands for the proposition that a trial court can never stay a judgment of ouster of a public official, it is overruled.
Output: overruling
accordingly cochran and similar past holdings are hereby expressly overruled insofar as they collide with the enlightened view now here adopted.
Output: overruling
the following facts are taken from the administrative record.
Output: non-overruling
we are thus persuaded that it is time, indeed past time, to overrule hicks and the cases relying upon it and to recognize iaac claims premised upon appellate counsel's alleged failure to raise a particular issue on direct appeal.
Output: overruling
third, floyd argues that, in refusing to find his substance abuse to be a mitigating circumstance, the trial court improperly required a causal connection between his substance abuse and the murder.
Output: non-overruling
and in so far as wright v. state, supra, is in conflict with the rule in stephens, it is overruled.
Output: overruling
to the extent that language in chiles v. state employees attorneys guild, 734 so.2d 1030, 1034 (fla. 1999), may be read as endorsing use of the "clearly erroneous" standard in this regard, we recede from that language
Output: overruling
earls, 2017 ark. 171, at 9, 518 s.w.3d at 87.
Output: non-overruling
because castillo may be interpreted to require both personal knowledge and trustworthy information, we overrule it and its progeny only to the extent that it requires both kinds of information to support probable cause.
Output: overruling
it seems to me, to the contrary, that there was virtually nothing more to be said.
Output: non-overruling
to the extent that our opinion conflicts with doney, we hereby recede from doney.
Output: overruling
accordingly, we overrule those appellate decisions which employ the abuse of discretion standard in an appeal from the trial court's denial of a motion to recuse because it did not meet the criteria of uscr 25.3.
Output: overruling
indeed, in the same year we decided latimer we overruled a different sentencing precedent in people v. king (1993) 5 cal.4th 59 ( king).
Output: overruling
we understand the difficult decision the juvenile court faced in confronting conflicting presumptions of parentage, neither of them ideal.
Output: non-overruling
having reviewed the question en banc, we now answer that question in the affirmative and overrule laffey.
Output: overruling
the supreme court has chosen not ""to prescribe a precise algorithm for determining the proper restitution amount.""
Output: non-overruling
we have assumed that the anticompetitive conduct here independently caused foreign injury; that is, the conduct's domestic effects did not help to bring about that foreign injury.
Output: overruling
in conclusion, we have overruled mcginn and held that the trial court should inform the jury of the effect of apportioning 50% or more of the negligence to the plaintiff.
Output: overruling
section 3553(c) and this court's cases make clear that a sentencing court cannot merely take into account the  3553(a) factors and the defendant's arguments related thereto.
Output: non-overruling
he asks us to overrule maxwell.
Output: non-overruling
defendant is unable to demonstrate that he was prejudiced as a result of the trial court's alleged error because the record reveals that defendant's retained counsel was added as cocounsel on the first day of his trial, indicating defendant was able to move forward with counsel of his choice.
Output: non-overruling
dr. hardin testified as to the extent of hayes's injuries, the number and kinds of procedures she had endured, and the extent of her recovery.
Output: non-overruling
in re billie y., supra, 220 cal.app.3d 127, in re francisco n., supra, 186 cal.app.3d 175, in re richard t., supra, 175 cal.app.3d 248, and shortridge v. municipal court, supra, 151 cal.app.3d 611, are disapproved to the extent they are inconsistent with our decision in this case.
Output: overruling
a close reading of the record in this case shows that applicant has established that he has significant deficits in his adaptive functioning so as to support the habeas court's determination that he is intellectually disabled under current medical standards.
Output: non-overruling
""economic benefit"" is not an act or forbidden conduct.
Output: non-overruling
fccsea would surely withdraw its request if it investigated appellant's claim and concluded that its notice of the lump sum payment arose from a fraudulent claim for unemployment benefits, as appellant asserts.
Output: non-overruling
to the extent that fortier, supra, and adkison, supra, hold otherwise, they are hereby overruled.
Output: overruling
furthermore, because a victim of statutory rape cannot be charged with that offense, and thus does not qualify as an accomplice under the general accomplice rule, we specifically overrule all decisions of our court of criminal appeals requiring corroboration of the testimony of victims of statutory rape.
Output: overruling
thus, tompkin and amendola are overruled to the extent that they provide that ohio common law negligence claims arising prior to the 2005 amendment of the ohio products liability act are abrogated by the act.
Output: overruling
for the reasons stated below, we approve the fifth district court of appeal's decision in winter park, and disapprove the decision in belleair to the extent described herein.
Output: overruling
to the extent that this ruling is inconsistent with thomas v. state, 824 so.2d 1 (ala.crim.app. 1999), davenport v. city of birmingham, 570 so.2d 1298 (ala.crim.app. 1990), ex parte williams, 468 so.2d 99 (ala. 1985), and howard v. state, 108 ala. 571, 18 so. 813 (1895), those cases are overruled.
Output: overruling
o whatever other extent the language in jahoda conflicts with our decision herein or that rendered by the district court of appeal, first district, at 265 so.2d 425, it is hereby expunged.
Output: overruling
we thus overrule bellard.
Output: overruling
nor did ms. shahin offer any authority interpreting rule 59(e), or any legal argument to persuade this court that the motion for reconsideration was incorrectly decided.
Output: non-overruling
to the extent that kenney, supra, requires the defendant to plead the absence of actual malice, it is overruled
Output: overruling
heinhuis v. venture assoc., 558 so.2d 1244 (la.app. 1st cir. 1990), is expressly overruled.
Output: overruling
according to deposition testimony from a staff member of the harrison county assessor's office, the mineral interest had been   previously assessed on the personal property books rather than the landbooks and was made based on a gas producer's report of income paid to the harry p. cross estate from production of the oil and gas. new landbook assessments were made in 1990 for ""richard andrews, agent"" of "".0764% int. 150 ac leased o & g (alamco) a-774;"" ""andrews, richard snowden hrs."" of "" int. leased o&g eastern american (8243 c andrews); and ""saunders, phyllis fletcher"" of ""0.2244 int. 271.67 as leased o&g sycamore (cng dev 2088).
Output: non-overruling
because of its internal inconsistency, and because ainsworth is inconsistent with these precedents, it has effectively been overruled.
Output: overruling
{15} handcock's claim that the verdict form was flawed could have been raised in his direct appeal, and was raised and addressed in a prior postconviction relief petition.
Output: non-overruling
we do not read rofkar as relying on any distinction between whitton and dunlop, and we disavow the dicta in rofkar that indicates that different tests for multiple punishment apply in different contexts.
Output: overruling
to the extent that in re beychok, 484 so.2d 912 (la.app. 1 cir. 1986), conflicts with the decision sub judice, it is reversed.
Output: overruling
to the extent that brashear v. payne, ky., 1954, 266 s.w.2d 346, is in conflict with this conclusion, it is overruled.
Output: overruling
to the extent, however, that reasoning in the opinion in m.l. foss in inconsistent with our holding in this case, we disapprove it.
Output: overruling
however, we now take the opportunity to overrule lumpkin and carr and their progeny, to the extent that these cases characterize the notice requirements set out in section 11-46-11 as jurisdictional requirements.
Output: overruling
any implications to the contrary in people v. cox, 156 cal.app.2d 472, 477 [ 319 p.2d 681], and people v. gonzales, 136 cal.app.2d 437, 440-441 [ 288 p.2d 588], are disapproved.
Output: overruling
however, to the extent that these decisions stand for such a proposition, we recede and adopt the procedure set forth in rule 9.140(b) and section 924.06(3), florida statutes (1995).
Output: overruling
we reverse the duncan cases to the extent that they hold that pending motions to suppress do not become preliminary pleas after prosecution has been instituted.
Output: overruling
because the result reached in state v. murdock, 299 kan. 312, 323 p.3d 846 (2014), modified by supreme court order september 19, 2014, was dictated by williams, we also overrule murdock.
Output: overruling
id. (citing malik v. state, 953 s.w.2d 234, 240 (tex. crim. app. 1997)).
Output: non-overruling
for the reasons that follow, we approve the fourth district's decision below, reversing the trial court's dismissal of respondents' title ix claim, and disapprove the line of cases that establishes a bright-line rule that an amendment asserting a new cause of action cannot relate back to the filing of the original complaint.
Output: overruling
any contrary statements in keller v. key system transit lines, 129 cal.app.2d 593, 598 [ 277 p.2d 869], and people v. graney, 48 cal.app. 773 [ 129 p. 460], are disapproved.
Output: overruling
to the extent that the williams and perkins court of appeal opinions held as a matter of law, either implicitly or explicitly, that prescription cannot begin to run under la.r.s. 23:1031.1.e
Output: overruling
the trial court's ruling here, however, pointedly did not determine the rights and interests of the parties and instead ordered the property sold pending a future determination of those rights and interests.
Output: non-overruling
we disapprove the conflicting battle and mccullers decisions on this point, as well as the conflicting decision in nelson v. state, 157 so.2d 96 (3d dca fla. 1963), cert. denied, 165 so.2d 178 (fla. 1964).
Output: overruling
there was no evidence that any worker had experienced any problems with the safety policy as practiced on the bargei.e., either chocking or chaining.
Output: non-overruling
since the holding in dade federal is to the contrary, that decision is overruled.
Output: overruling
as this holding departs to greater or less degree from the decisions listed in the second paragraph of this opinion, the latter must be deemed to that extent no longer controlling.
Output: overruling
finally, sandoval relies on boget v. state, 74 s.w.3d 23 (tex. crim. app. 2002), for the proposition that the key inquiry in evaluating whether the law of self-defense applies in a case is whether the defendant directed his force against another.
Output: non-overruling
to the extent that the huffman opinion may be in conflict herewith, it is overruled.
Output: overruling
accordingly, we agree with the defendants that colquitt should not be followed; to the extent that colquitt is inconsistent with our opinion in this case, colquitt is overruled.
Output: overruling
contrary to the petitioner's contention, alcoholic beverage control law  118(3) and rule 36.1(q) of the rules of the state liquor authority (9 nycrr)  53.1(q) are not unconstitutionally vague (see matter of kaur v new york state urban dev. corp., 15 ny3d 235; goldberg v corcoran, 153 ad2d 113).
Output: non-overruling
schuler v. schuler, 382 mass. 366, 370-371 (1981).
Output: non-overruling
erie repudiated the holding of swift v. tyson, 16 pet. 1 (1842), that federal courts were free to "express our own opinion" upon "the principles established in the general commercial law.
Output: overruling
in view of our foregoing discussion concerning the shortcomings of such an analysis, we find it necessary to depart from much of the rationale underlying that decision.
Output: overruling
to the extent those decisions can be read as being in tension with our holding, they necessarily are disapproved.
Output: overruling
we are fully in accord with the relaxation of the federal requirements as expressed in illinois v. gates, supra, and to the extent that berkshire v. commonwealth, supra; thompson v. commonwealth, supra; and buchenburger v. commonwealth, supra, express a contrary view, they are overruled.
Output: overruling
290 or at 153-54 (quoting ors 20.010 and ors 20.070).
Output: non-overruling
partee, 125 ill. 2d at 35.
Output: non-overruling
to the extent that the holding ingraves v. commonwealth, 21 va. app. 161, 462 s.e.2d 902 (1995), aff'd on reh'g en banc, 22 va. app. 262, 468 s.e.2d 710 (1996), is in conflict with our decision here, we overrule that holding.
Output: overruling
to the extent mccoy and mccracken implied that the only right to counsel under the act was a statutory one, they are hereby modified.
Output: overruling
because our case law does not support the approach set forth in cobarruvias, we affirm division two and hold that a trial court need not expressly state the presumption against waiver, nor must it begin its analysis of voluntariness anew when evaluating the third prong of the thomson analysis.
Output: overruling
in sum, the court's holding in massachusetts mutual life ins. co. v. city and county of san francisco, supra, 129 cal.app.3d 876, is unsupported and unpersuasive, and we disapprove it.
Output: overruling
if i were to color match the facts, i might make the statement that i find the new york and new mexico courts more persuasive.
Output: non-overruling
insofar as they would prevent a trial judge from acting in an appealed case on any matter not reviewable under the appeal and granting any proper relief (including forma pauperis authority if entitlement is established), creel v. creel and kliebert v. kliebert are now overruled.
Output: overruling
in so holding, we must necessarily recede, in part, from our prior decision in orlando regional healthcare system, inc. v. alexander.
Output: overruling
neither has the [l]egislature seen fit to modify the law as expressed in [martin].""
Output: non-overruling
baker is disapproved insofar as it is contrary to the views expressed herein.
Output: overruling
in bassil v. united states, 517 a.2d 714, 717 n. 5 (d.c. 1986), the court acknowledged that van arsdall effectively overruled its decision in springer.
Output: overruling
if there is no genuine issue as to any material fact and the moving party is entitled to a judgment as a matter of law, the district court should grant the motion for summary judgment.
Output: non-overruling
"" ' ""punitive damages are appropriate if the defendant's acts are reprehensible, fraudulent or in blatant violation of law or policy.
Output: non-overruling
ct. app. 1990)).
Output: non-overruling
in light of the above described development of the law of sanctions, the persuasive reasoning of commentators, the combined wisdom of several other courts of appeals, and the fact that the supreme court significantly undercut gamble in roadway, we now most respectfully overrule gamble.
Output: overruling
insofar as inconsistent with trappey and our decision herein, we overrule the cited intermediate decisions in leger, cockerham, and bersuder, as well as obiol v. industrial outdoor displays, 288 so.2d 425 (la.app. 4th cir. 1974) which followed them.
Output: overruling
there is a natural overlap between what the photographs show and how the prosecution uses the photographs, and any resulting prejudice.
Output: non-overruling
##note: people v. gonzalez is the same line of cases as the current case therefore there is no overruling.
Output: overruling
it has been claimed, for instance, that the predictions of experts are little better than chance.
Output: non-overruling
because we agree with gordon that the rule of lenity applies, we reverse the trial court's ruling, and in doing so overrule reese, which was wrongly decided on this issue.
Output: overruling
we reject the defendant's contention that the marriage relationship and the right of consortium deriving therefrom preclude the state from ever establishing the nonconsensual entry requisite to the crime of burglary, and we disapprove the third district's contrary ruling in vazquez.
Output: overruling
grigsby has since unsuccessfully filed multiple 28 u.s.c.  2255 motions to vacate his sentence.
Output: non-overruling
insofar as it is inconsistent with our holding in this case, mullane v. industrial acc. com., supra, is disapproved.
Output: overruling
see jones, 759 p.2d at 567-68.
Output: non-overruling
j.a. 9013, 9072-73.
Output: non-overruling
see golden eagle archery, inc. v. jackson, 116 s.w.3d 757, 761 (tex. 2003).
Output: non-overruling
insofar as they are so inconsistent they are overruled.
Output: overruling
to the extent that they conflict with this holding, chase, supra, and hill, supra, are overruled.
Output: overruling
the cases set forth in footnote 1 are overruled.
Output: overruling
a hypothetically correct charge would also include an instruction on the law of parties.
Output: non-overruling
in the present case, appellant requested that she pay $300 a month in child support, which the court granted.
Output: non-overruling
we note that silence of the district court in a judgment on any assignment of error that has been placed before it is deemed a rejection of the claim.
Output: non-overruling
we therefore disapprove of baird and rotello to the extent that they hold otherwise.
Output: overruling
insofar as the givens case holds contrary to our original opinion herein or to the rule expressed in the carr case and the cases there cited, it is expressly overruled.
Output: overruling
to the extent that mariner's village , supra, and village square , supra, held otherwise, they are overruled.
Output: overruling
any statements in the following decisions which are inconsistent with the views expressed herein are hereby disapproved:
Output: overruling
_____________________________________________________
Output: non-overruling
although the jury could have concluded appellant was in some state of fear, ""a mere claim of fear"" by a defendant does not, standing alone, establish the existence of sudden passion arising from an adequate cause.
Output: non-overruling
we accordingly quash tricam industries and disapprove of nissan motor and nacra.
Output: overruling
davis' attempt to limit the holding of johnson to only those future creditors who have ""parted with money in favor of a property owner"" is unpersuasive.
Output: non-overruling
we reject the "rule of completeness" articulated in mcrae and expressly overrule that decision.
Output: overruling
in reaching this result, we will also overrule our decision in auer.
Output: overruling
therefore, insofar as the holm case may be interpreted to hold that any photograph taken for the purpose of litigation and transmitted to an attorney is privileged, per se, it is disapproved.
Output: overruling
hyatt, 316 mich app at 415.
Output: non-overruling
we have here given effect to the legislative definition of 'ministry of such church' in art. 7150b which cannot be reconciled with the rationale of the south park baptist church case; it is accordingly overruled.
Output: overruling
it is clear that the traditional exceptions of motive, intent, etc., apply to cases involving sex offenses, and general language to the contrary in buchel and in cases upon which it relies is disapproved.
Output: overruling
thus, in light of the supreme court's decision in sanderfoot, we overrule our prior decision in in re pederson, and hold that in a divorce setting as this, mr. catli may not avail himself of  522(f)(1) to avoid mrs. catli's lien.
Output: overruling
see ibid .
Output: non-overruling
the majority's holding that ""a police officer  being 'familiar with' a resident of an area where the officer works does not, by itself, reasonably imply a prior bad act by that person"" is contrary to this well-established case law.
Output: non-overruling
however, for the reasons already stated, appellate courts should look to the evidence presented at the consolidation or severance hearing, and to the extent that hoyt can be read to permit appellate review of severance issues based only upon the offenses actually elected at the close of the evidence, it is overruled.
Output: overruling
2. discussion. ordinarily, a guilty plea ""by its terms waives all nonjurisdictional defects.""
Output: non-overruling
tellingly, among her original claims against respondents were claims for fraud and nondisclosure that substantially overlap with those she seeks to assert here.
Output: non-overruling
see commonwealth v. sadberry, 44 mass. app. ct. 934, 936 (1998) (gun's location near defendant in car was proper consideration on question of dominion and control).
Output: non-overruling
united states v. callahan, 801 f.3d 606, 616 (6th cir. 2015).
Output: non-overruling
contrary to applicant's assertion, the legal basis for his claim existed at the time of his direct appeal and initial habeas application.
Output: non-overruling
the prosecutor followed this up by saying:
Output: non-overruling
see garrett v. garrett, 111 nev. 972, 973-74, 899 p.2d 1112, 1113-14 (1995) (explaining that the statutory cap is the amount that is established by the nrs 125b.070 formula and serves as the starting point from which the court must begin its calculations when allowing any deviations).
Output: non-overruling
see minn. r. evid. 801(d)(1)(b) (""a statement is not hearsay if . . . [t]he declarant testifies at the trial or hearing and is subject to cross-examination concerning the statement, and the statement is . . . consistent with the declarant's testimony and helpful to the trier of fact in  evaluating the declarant's credibility as a witness."").
Output: non-overruling
to the extent that dorgan v. dorgan, 811 so.2d 552 (ala.civ.app. 2001), held to the contrary by indicating that a trial court's determination of a parent's underemployment requires a written finding that application of the child-support guidelines would be unjust or inappropriate, its holding is inconsistent with rule 32(b)(5), ala. r. jud. admin., and dorgan is hereby overruled to that extent.
Output: overruling
to the extent that jackson is inconsistent with this holding, it is overruled.
Output: overruling
to the extent hanley suggests abatement of a california action is mandatory rather than discretionary, where there is a prior action pending between the same parties in a foreign jurisdiction, we disavow it.
Output: overruling
for that reason, insofar as berry v. struble, supra, 20 cal.app.2d 299, holds that even apart from the application of section 1542 the release cannot be avoided, it and the cases following it on this point are disapproved.
Output: overruling
6 the moshiers contend that the district court erred in granting fisher's motion for summary judgment because (1) a six-year, rather than a four-year, statute of limitations applies; (2) the statute of limitations did not begin to run until it was clear that they would not receive the full amount of their claim; and (3) the discovery rule applies, which would delay triggering the statute of limitations.
Output: non-overruling
after consideration of that precedent, we now conclude that harp no longer remains good law.
Output: overruling
id., 43. similar to our review of a suppression motion, we uphold the circuit court's findings of historical fact unless clearly erroneous, then independently apply constitutional principles to those facts.
Output: non-overruling
saint v. bledsoe, 416 s.w.3d 98, 112 (tex. app.texarkana 2013, no pet.); see also montalvo v. vela, no. 13-14-00166-cv, 2016 wl 192063, at *4 (tex. app.corpus christi jan. 14, 2016, no pet.) (mem. op.).
Output: non-overruling
lopez asks that we reconsider dennis in light of studies that ""conclude children are highly susceptible to suggestive questioning techniques like repetition, guided imagery, and selective reinforcement.""
Output: non-overruling
to the extent that either naifeh or dimauro might be construed to stand for the proposition that the district courts lack jurisdiction to consider appeals from refusal by the board to grant a medical license, those opinions are expressly overruled.
Output: overruling
the writ remains ancillary in nature, as often stated in previous application of the constitutional writs provision, but our decision here represents a departure from, and effectively overrules, such pronouncements as in state ex rel. watson v. lee that the "all writs" provision may not be invoked "until jurisdiction is acquired" over the cause by means of independent appellate proceedings.
Output: overruling
see in re patillo, 32 s.w.3d 907, 910 (tex. app.corpus christi 2000, orig. proceeding) (striking portions of contempt order requiring relator to remain incarcerated until he pays costs that relator was not actually held in contempt for failing to pay).
Output: non-overruling
to the extent it is in conflict with this viewpoint, southern ry. co. v. feldhaus, ky., 261 s.w.2d 308 (1953), is overruled.
Output: overruling
the commission instead undertakes to ensure ""just and reasonable"" wholesale rates by enhancing competitionattempting, as we recently explained, ""to break down regulatory and economic barriers that hinder a free market in wholesale electricity.""
Output: non-overruling
the claim of ineffective assistance of counsel is facially sufficient on sosataquechel's assertion that he would not have entered a plea of guilty, and instead would have chosen to go to trial, had counsel informed him of the claimed defense of self-defense.
Output: non-overruling
third, the district court's sanction was not an abuse of discretion.
Output: non-overruling
reed lodges several other challenges to the constitutionality of california's capital sentencing scheme, all of which he concedes we have previously rejected.
Output: non-overruling
we reject wilder's arguments and affirm.
Output: non-overruling
payne is disapproved for two reasons.
Output: overruling
this instruction was copied from the case of george v. standard slag company, ky., 431 s.w.2d 711, 715 (1968), and we specifically overrule that portion of the case.
Output: overruling
although judge rucker ably distinguished the factual and procedural situation in lackey from that in this case, we acknowledge the inconsistency identified by sia and hereby disapprove lackey to the extent that it is inconsistent with the holding set forth in the preceding paragraph.
Output: overruling
a majority of the active judges of this court have voted to dissolve the en banc court.
Output: non-overruling
section 6 somewhat codified and modified the cavnar rule by providing that "[j]udgments in wrongful death, personal injury, and property damage cases must include prejudgment interest."
Output: overruling
because the rule announced in downs was in effect for only about a year, petitioner contends we should overrule that case as having been wrongly decided.
Output: overruling
we conclude, as did jacobs, that webb changes the analysis, and that besendorfer should no longer be followed.
Output: overruling
we do not reinstate other portions of davis that have been subsequently overruled.
Output: overruling
to the extent the decision in babcock v. omansky, 31 cal.app.3d 625 [ 107 cal.rptr. 512], indicates the contrary, it is incorrect.
Output: overruling
"" 'a contract entered into by a local government without legal  authority is ""wholly void,"" ultra vires, and unenforceable.'
Output: non-overruling
state v. gonzales, 150 ohio st.3d 276, 2017-ohio-777, 81 n.e.3d 466. (""gonzales ii"").
Output: non-overruling
to the extent jensen suggests an inadvertent delay is per se unreasonable, it is disapproved.
Output: overruling
in so doing, we have decided this case as a full court to recede from lopez v. state, 805 so.2d 41 (fla. 4th dca 2001), which held that it is fundamental error to instruct a jury in burglary cases where the "remaining in" language of the standard instruction is erroneously included.
Output: overruling
to the extent language in griffiths can be read to suggest that the charge in this case was appropriate, it is hereby overruled.
Output: overruling
appellate review that is not founded upon any factual findings made at the trial court level, but is based upon an independent review and analysis of the contract within the four corners of the document, is not subject to the manifest error rule of law.
Output: non-overruling
accordingly, we approve the first district's decision affirming scantling's sentence and receding from currelly.
Output: overruling
however, in view of our more recent decisions cited above, it is our opinion that any language in spence inconsistent with such decisions should be overruled, and we so hold.
Output: overruling
any statements in decisions of the district courts of appeal contrary to the rule announced in this decision are disapproved, e.g., cherry v. hayden, 100 cal.app.2d 416 [ 223 p.2d 878]; popcorn equipment co. v. page, 92 cal.app.2d 448 [ 207 p.2d 647]; olds v. peebler, 66 cal.app.2d 76 [ 151 p.2d 901]; liberty mut. ins. co. v. superior court, 62 cal.app.2d 601 [ 145 p.2d 344]; johnston v. ota, 43 cal.app.2d 94 [ 110 p.2d 507]; estate of fulton, 8 cal.app.2d 423 [ 48 p.2d 120]; plum v. indian valley bank, 118 cal.app. 13 [ 4 p.2d 543].
Output: overruling
the issue before the supreme court was ""whether the imposition of the death penalty in these cases constitute cruel and unusual punishment in violation of the eighth and fourteenth amendments?"" id.
Output: non-overruling
to the extent that other cases may be in conflict with this rule, we would now disapprove demars v. hickey, 13 wyo. 371, 80 p. 521, reh. denied 81 p. 705 (1905); sidlo, simons, day co. v. phillips, 48 wyo. 390, 49 p.2d 243 (1935); and tibbals v. graham.
Output: overruling
in this regard, we disapprove judge barnes's and the trial court's formulations to the extent that they hold that a cause of action accrues when exposure to asbestos occurs even though a disease does not manifest itself until many years later.
Output: overruling
therefore, our holding in chaney is overruled.
Output: overruling
at the more general level, we must examine the disjunctive list of drug  types - e.g., cocaine, heroin, methamphetamine - covered by california law.
Output: non-overruling
state v. schaller, 975 s.w.2d 313, 318 (tenn.
Output: non-overruling
to the extent pharr is inconsistent with this opinion, we disapprove of pharr.
Output: overruling
see  anderson v. state, 18 so.3d 501, 520 (fla.2009) (rejecting a claim of cumulative error when appellant's claims, addressed individually, did not establish ineffective assistance of counsel or that appellant's constitutional rights were violated) (citing israel v. state, 985 so.2d 510, 520 (fla.2008)); suggs v. state, 923 so.2d 419, 441 (fla.2005) (stating the cumulative effect of evidentiary errors and allegations of ineffective assistance of trial counsel will be considered together).
Output: non-overruling
respondent clark failed to timely file a brief on appeal within the mandatory time limits of rule 84.05. pursuant to rule 84.05(a), clark was required to file a responsive brief on april 30, 2018, thirty days after the filing of kinsey's brief.
Output: non-overruling
we hereby reject that portion of ferguson which is not in accord with this opinion.
Output: overruling
id. at 438 (citations omitted).
Output: non-overruling
on this record, the trial court had no reason to know defendants objected to the limitation imposed by its ruling, and the court had no opportunity to prevent or correct the purported misconduct that defendants assert now on appeal.
Output: non-overruling
so, we will evaluate the evidence presented at trial with the jury's accreditation of the state's witnesses in mind.
Output: non-overruling
hence he is not entitled to relief on this ground either.
Output: non-overruling
accordingly, to the extent that our decision suggested that the economic loss doctrine bars a cutpa claim arising from the breach of a promise to deliver goods even when the breach was accompanied by aggravating circumstances, we conclude that we must overrule it.
Output: overruling
ultimately, the court found the probative value of the other-crimes evidence outweighed the prejudicial impact.
Output: non-overruling
crescent wharf etc. co. v. los angeles, 207 cal. 430 [ 278 p. 1028], fails to consider the above mentioned factors and should be overruled.
Output: overruling
ibid. ""race is not assigned an explicit numerical value, but it is undisputed that race is a meaningful factor.""
Output: non-overruling
of course, public corporations are not invariably regarded as units of the government for purposes of the government speech doctrine.
Output: non-overruling
his case overruled an earlier california case of long-standing which had distinguished pension rights on the basis of whether the rights had vested
Output: overruling
in part, because of such considerations, the basis on which that rule was originally founded has, in the short space of twenty years, fallen into jurisprudential disrepute and is disapproved in the better-considered recent cases and in the authoritative scholarly writings.
Output: overruling
those decisions are overruled,
Output: overruling
to the extent that ozuna can be read to hold that the bexar county notice of dismissal apprises parties of the court's intent to dismiss on a ground other than the failure to appear under rule 165a(1), or that knight v. trent, 739 s.w.2d 116 (tex.app.  san antonio 1987, no writ), gaebler v. harris, 625 s.w.2d 5 (tex.app.-san antonio 1981, writ ref'd n.r.e.), and laird v. jones, 580 s.w.2d 413 (tex.app.-san antonio 1979, no writ), imply that a party may be charged with such notice, we disapprove of the language of those cases.
Output: overruling
we overrule norris to the extent that it allows such use.
Output: overruling
but there is little basis for this belief.
Output: non-overruling
contrary statements in our opinions are disapproved.
Output: overruling
this conclusion is not affected by our supreme court's recognition, subsequent to franko, of a habeas petitioner's right to appeal from the dismissal of his habeas petition even if the habeas court denies his petition for certification to appeal.
Output: non-overruling
gallagher was actually a subcontractor with dyntek, which was a contractor with nychh.
Output: non-overruling
when asked by the court if she wanted to testify, light answered: ""yeah - i mean - all i want to say is he didn't do it.""
Output: non-overruling
a later case, blackwell v. hustler magazine, inc., 633 f. supp. 870, 871 (s.d.miss.
Output: overruling
the federal circuit's practice is therefore neither compelled by our cases nor supported by the "case or controversy" requirement of article iii.
Output: overruling
thus, to the extent today's holding rests on a distinction between "traditional" governmental functions and their nontraditional counterparts, see ante, at 344, it cannot be reconciled with prior precedent.
Output: overruling
no other third floor workers, who also worked without breathing apparatus, complained of respiratory symptoms.
Output: non-overruling
jones, slip op. at 16 (citing stinson v. united states, 508 u.s. 36, 45 (1993)).
Output: non-overruling
to the extent that the ica's opinion in state v. won , 134 hawai'i 59, 74, 332 p.3d 661, 676 (app. 2014), vacated on other grounds , 137 hawai'i 330, 372 p.3d 1065 (2015), ruled that severino denied an arrestee of a criminal offense the statutory right to access counsel under hrs  803-9, it is overruled.
Output: overruling
any language contained in snyder, supra, however, which might be read as indicating that rezoning is not legislative for the purpose of exercising the constitutional powers of referendum and initiative is hereby expressly overruled.
Output: overruling
highlands is therefore overruled, with the approval of the court en banc, with judges byrnes and williams dissenting from the overruling.
Output: overruling
johnson v. state, supra, is overruled along with its progeny.
Output: overruling
morris v. bank one, ind., n.a., 789 n.e.2d 68, 73 (ind. ct. app. 2003), trans.
Output: non-overruling
finally, clifford sought to initiate a mortgage fraud complaint, and in connection with that he gave a written statement to mary jones in which it appears that he lied when he claimed that neither he nor mary had attended the nautica property closing and when he claimed that he got $312,500 to purchase the nautica property ""[f]rom the proceeds from the farmington hills purchase.""
Output: non-overruling
another court even ruled ""that a man acquitted for stealing the horse hath yet been arraigned and convict for stealing the saddle, tho both were done at the same time."" 2 hale, supra, at 246.
Output: non-overruling
for this reason we choose to follow it, and disapprove santos, supra, 171 cal.app.3d 67, as an aberration.
Output: overruling
the process begins with an application for involuntary admission made by an interested person, accompanied by certifications of two health care providers that the individual meets the statutory criteria, and ends with a hearing before an impartial hearing officer to determine whether the criteria are in fact satisfied.
Output: non-overruling
2016) (quoting minn. sent. guidelines 2.d.1 (supp.
Output: non-overruling
to the extent that lynn strickland deviates from the statutory definition of wantonness, as followed by this court, it is hereby overruled.
Output: overruling
having considered the present appeal in banc in order to clarify our precedents with respect to the scope of the government's navigational servitude, we now reverse the judgment of the claims court, overrule those portions of pitman and ballam which are inconsistent with the following opinion, and remand this case for further proceedings not inconsistent herewith.
Output: overruling
in so doing we disapprove the contrary interpretation of the statute announced in honeycutt.
Output: overruling
., 665 s.w.2d 414, 420 (tex. 1984); see also frazer v. tex. farm bureau mut. ins. co., 4 s.w.3d 819, 823-24 (tex. app.houston [1st dist.] 1999, no pet.) (with use of ""and its affiliated companies,"" release sufficiently identified texas farm bureau underwriters such that its identity is not in doubt.). here, the release clearly and unambiguously stated it applied to all jumpstreet entities that are engaged in the trampoline business.
Output: non-overruling
that case did not address an officer-safety justification for the question; however, to the extent lee or any of our other precedent conflict with the rule we announce today, we expressly overrule them.
Output: overruling
thus both precedent and established principles of judicial construction dictate the conclusion that hurst erred in holding the notice and hearing provisions of the zoning act of 1917 applied to zoning ordinances enacted by initiative.
Output: overruling
eibl acknowledges that the circuit court asked him whether he had reviewed the elements of the charges with his attorney, and eibl admits that he told the circuit court that he had,
Output: non-overruling
we therefore overrule tomco and el farra on this point, and hold that a district court, when presented with a  10(j) petition, need not determine whether there is reasonable cause to believe that an unfair labor practice has been committed.
Output: overruling
(citing premier lab supply, inc. v. chemplex indus., inc., 10 so. 3d 202, 206-07 (fla. 4th dca 2009); hasley, 971 so. 2d at 152-53).
Output: non-overruling
we therefore overrule brady to the extent that it is inconsistent with this opinion.
Output: overruling
in order to bring harmony both within and among the circuits, we now overrule the portion of lee dealing with the treatment of theft and hold that theft from a person is a violent felony under the armed career criminal act.
Output: overruling
considering defendant's lack of any prior criminal record, that he apparently had never done anything like this before, and other circumstances of this case, we do not believe defendant is typical of sexual offenders who receive the maximum sentence.
Output: non-overruling
id.   37 a jury convicted the defendant in lerma of first degree murder based on evidence ""consit[ing] solely of two eyewitness identifications.""
Output: non-overruling
accordingly, lee v. peerless insurance company is overruled.
Output: overruling
because we now overrule that line of cases which would operate to grant workers' compensation benefits to a surviving spouse in such a situation, the trial court's order is reversed.
Output: overruling
the court concluded that ""in cases of any  significant complexity the word 'may' in rule 52(a) should be construed to read 'generally should.'
Output: non-overruling
at the very latest, the plaintiff knew in 2012 that dial was unjustly enriched by the plaintiff's work product.
Output: non-overruling
we disapprove these cases.
Output: overruling
transfer of property from a parent to a child is presumed to be a gift, and the presumption may only be overcome by clear and convincing evidence to the contrary."").
Output: non-overruling
to the extent that fiscal court of jefferson county v. ogden, ky.app. 556 s.w.2d 899 (1977) conflicts with the opinion in this case, it is overruled.
Output: overruling
see, e.g., r.j. griffin & co. v. beach club ii homeowners ass'n, 384 f.3d 157, 160-61 (4th cir. 2004) (""in the context of arbitration, the doctrine [of equitable estoppel] applies when one party attempts 'to hold [another party] to the terms of [an] agreement' while simultaneously trying to avoid the agreement's arbitration clause.""
Output: non-overruling
and, on each occasion, the defense took issue with the reasons offered by the prosecutor in support of the strike.""
Output: non-overruling
we therefore disapprove the holding in l.w. to the extent it conflicts with this holding.
Output: overruling
but in light of the language and context of the statute and the term's common meaning and other uses, we cannot accept a definition that would find oppression on either of these bases alone, and we disapprove of the court of appeals decisions that have.
Output: overruling
it further reasoned that ""[n]othing suggests the director enjoys a license to depart from the petition and institute a different inter partes review of his own design"" and that ""congress didn't choose to pursue"" a statute that ""allows the director to institute proceedings on a claim-by-claim and ground-by-ground basis"" as in ex parte reexamination.
Output: non-overruling
{ 19} in support of his argument, runions cites the ohio supreme court case of fabe. fabe, however, was a declaratory judgment seeking an interpretation of r.c. 3905.01(b) and 3905.04.
Output: non-overruling
seepersad's criminal conviction limits our jurisdiction to constitutional claims and colorable questions of law, 8 u.s.c.  1252(a)(2)(c), (d), for which our review is de novo, pierre v. holder, 588 f.3d 767, 772 (2d cir. 2009).
Output: non-overruling
therefore, the decision of the second district court of appeal is approved on the totality of the facts presented, and to the extent they are inconsistent with this opinion, the wikso and bass decisions are disapproved.
Output: overruling
the state court rejected the argument as a bare, conclusory assertion.
Output: non-overruling
we therefore overrule mata and hartman to the extent of the conflict and reverse the trial court's judgment and remand the cause for a new trial.
Output: overruling
while we realize that it is not strictly necessary, our holding, of course, overrules sherod.
Output: overruling
t.h.-s. (""mother"") appeals from the december 19, 2017 order granting her and m.l.s. (""stepfather"") joint legal custody of k.m.h. (""child"").
Output: non-overruling
julien" doctrine are overruled, insofar as they conflict with the views here expressed.
Output: overruling
the situation here was different.
Output: non-overruling
to the extent that connor v. farmer, 382 so.2d 1069 (la.app. 1980) may be contrary to this opinion, it is overruled.
Output: overruling
first, the federal laches standard is no longer good law.
Output: overruling
goodley v. sullivant, supra, 32 cal.app.3d 619, cited approvingly in westlake community hosp. v. superior court (1976) 17 cal.3d 465, 482 [ 131 cal.rptr. 90, 551 p.2d 410], is disapproved to the extent it is inconsistent with views expressed herein.
Output: overruling
kyles v. whitley, 514 u.s. 419, 115 s. ct. 1555, 131 l. ed. 2d 490 (1995); united states v. bagley, 473 u.s. 667, 105 s. ct. 3375, 87 l. ed. 2d 481 (1985); state v. green, 2016-0107 (la. 6/29/17), 225 so. 3d 1033, cert. denied, ___ u.s. ___, 138 s. ct. 459, 199 l. ed. 2d 338 (2017).
Output: non-overruling
rivera was eighteen at the time and living under the care of her mother, correa, and her stepfather, julio escobar. rivera was taken to a hospital, where she was treated for seizure disorder.
Output: non-overruling
we continue to believe that these cases properly state the law of the authority of a judge pro tempore to continue to rule on matters following expiration of his or her appointment and so disapprove those recent decisions of the court of appeals to the contrary:
Output: overruling
the trial court denied state farm's motion.
Output: non-overruling
further, bradshaw repeatedly followed up on the motion he said he mailed and then filed a second motion after he found out the first one was not filed.
Output: non-overruling
the order of the appellate division should be affirmed.
Output: non-overruling
accordingly, we approve the fifth district's decision below, and disapprove robbins v. yusem to the extent it is inconsistent with this opinion.
Output: overruling
18 following a lengthy hearing at which the court entertained argument from the parties' attorneys, the court granted john's motion for summary judgment.
Output: non-overruling