In this task, you will be shown a sentence, and you should determine whether it is overruling or non-overruling. In law, an overruling sentence is a statement that nullifies a previous case decision as a precedent by a constitutionally valid statute or a decision by the same or higher ranking court which establishes a different rule on the point of law involved. Classify your answers into overruling or non-overruling

Q: defense counsel objected on the ground that the second-degree depraved heart murder instruction was more appropriate in cases in which the state had charged multiple levels of homicide, e.g., murder and manslaughter.

A: non-overruling
****
Q: for these reasons, we overrule the language of people v. mcgee, supra, 1 cal.2d 611, and its progeny, to the extent it suggests a court lacks fundamental subject matter jurisdiction over a time-barred criminal action.

A: overruling
****
Q: 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.

A:
non-overruling
****