LawInformedAI/overruling · Datasets at Hugging Face

label int64 0 1	sentence1 stringlengths 1 958
0	we understand the difficult decision the juvenile court faced in confronting conflicting presumptions of parentage, neither of them ideal.
1	having reviewed the question en banc, we now answer that question in the affirmative and overrule laffey.
0	the supreme court has chosen not ""to prescribe a precise algorithm for determining the proper restitution amount.""
1	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.
1	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.
0	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.
0	he asks us to overrule maxwell.
0	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.
0	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.
1	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.
0	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.
0	""economic benefit"" is not an act or forbidden conduct.
0	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.
1	to the extent that fortier, supra, and adkison, supra, hold otherwise, they are hereby overruled.
1	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.
1	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.
1	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.
1	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.
1	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.
1	we thus overrule bellard.
0	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.
1	to the extent that kenney, supra, requires the defendant to plead the absence of actual malice, it is overruled
1	heinhuis v. venture assoc., 558 so.2d 1244 (la.app. 1st cir. 1990), is expressly overruled.
0	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).
1	because of its internal inconsistency, and because ainsworth is inconsistent with these precedents, it has effectively been overruled.
0	{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.
1	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.
1	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.
1	to the extent that brashear v. payne, ky., 1954, 266 s.w.2d 346, is in conflict with this conclusion, it is overruled.
1	to the extent, however, that reasoning in the opinion in m.l. foss in inconsistent with our holding in this case, we disapprove it.
1	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.
1	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.
1	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).
1	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.
1	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.
0	id. (citing malik v. state, 953 s.w.2d 234, 240 (tex. crim. app. 1997)).
1	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.
1	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.
1	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
0	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.
1	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).
0	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.
1	since the holding in dade federal is to the contrary, that decision is overruled.
1	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.
0	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.
1	to the extent that the huffman opinion may be in conflict herewith, it is overruled.
1	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.
0	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).
0	schuler v. schuler, 382 mass. 366, 370-371 (1981).
1	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.
1	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.
1	to the extent those decisions can be read as being in tension with our holding, they necessarily are disapproved.
1	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.
0	290 or at 153-54 (quoting ors 20.010 and ors 20.070).
0	partee, 125 ill. 2d at 35.
1	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.
1	to the extent mccoy and mccracken implied that the only right to counsel under the act was a statutory one, they are hereby modified.
1	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.
1	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.
0	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.
1	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.
1	in so holding, we must necessarily recede, in part, from our prior decision in orlando regional healthcare system, inc. v. alexander.
0	neither has the [l]egislature seen fit to modify the law as expressed in [martin].""
1	baker is disapproved insofar as it is contrary to the views expressed herein.
1	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.
0	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.
0	"" ' ""punitive damages are appropriate if the defendant's acts are reprehensible, fraudulent or in blatant violation of law or policy.
0	ct. app. 1990)).
1	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.
1	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.
0	there is a natural overlap between what the photographs show and how the prosecution uses the photographs, and any resulting prejudice.
1	##note: people v. gonzalez is the same line of cases as the current case therefore there is no overruling.
0	it has been claimed, for instance, that the predictions of experts are little better than chance.
1	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.
1	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.
0	grigsby has since unsuccessfully filed multiple 28 u.s.c. 2255 motions to vacate his sentence.
1	insofar as it is inconsistent with our holding in this case, mullane v. industrial acc. com., supra, is disapproved.
0	see jones, 759 p.2d at 567-68.
0	j.a. 9013, 9072-73.
0	see golden eagle archery, inc. v. jackson, 116 s.w.3d 757, 761 (tex. 2003).
1	insofar as they are so inconsistent they are overruled.
1	to the extent that they conflict with this holding, chase, supra, and hill, supra, are overruled.
1	the cases set forth in footnote 1 are overruled.
0	a hypothetically correct charge would also include an instruction on the law of parties.
0	in the present case, appellant requested that she pay $300 a month in child support, which the court granted.
0	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.
1	we therefore disapprove of baird and rotello to the extent that they hold otherwise.
1	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.
1	to the extent that mariner's village , supra, and village square , supra, held otherwise, they are overruled.
1	any statements in the following decisions which are inconsistent with the views expressed herein are hereby disapproved:
0	_____________________________________________________
0	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.
1	we accordingly quash tricam industries and disapprove of nissan motor and nacra.
0	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.
1	we reject the "rule of completeness" articulated in mcrae and expressly overrule that decision.
1	in reaching this result, we will also overrule our decision in auer.
1	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.
0	hyatt, 316 mich app at 415.
1	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.
1	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.

0

we understand the difficult decision the juvenile court faced in confronting conflicting presumptions of parentage, neither of them ideal.

1

having reviewed the question en banc, we now answer that question in the affirmative and overrule laffey.

0

the supreme court has chosen not ""to prescribe a precise algorithm for determining the proper restitution amount.""

1

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.

1

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.

0

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.

0

he asks us to overrule maxwell.

0

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.

0

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.

1

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.

0

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.

0

""economic benefit"" is not an act or forbidden conduct.

0

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.

1

to the extent that fortier, supra, and adkison, supra, hold otherwise, they are hereby overruled.

1

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.

1

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.

1

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.

1

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.

1

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.

1

we thus overrule bellard.

0

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.

1

to the extent that kenney, supra, requires the defendant to plead the absence of actual malice, it is overruled

1

heinhuis v. venture assoc., 558 so.2d 1244 (la.app. 1st cir. 1990), is expressly overruled.

0

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).

1

because of its internal inconsistency, and because ainsworth is inconsistent with these precedents, it has effectively been overruled.

0

{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.

1

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.

1

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.

1

to the extent that brashear v. payne, ky., 1954, 266 s.w.2d 346, is in conflict with this conclusion, it is overruled.

1

to the extent, however, that reasoning in the opinion in m.l. foss in inconsistent with our holding in this case, we disapprove it.

1

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.

1

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.

1

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).

1

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.

1

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.

0

id. (citing malik v. state, 953 s.w.2d 234, 240 (tex. crim. app. 1997)).

1

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.

1

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.

1

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

0

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.

1

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).

0

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.

1

since the holding in dade federal is to the contrary, that decision is overruled.

1

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.

0

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.

1

to the extent that the huffman opinion may be in conflict herewith, it is overruled.

1

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.

0

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).

0

schuler v. schuler, 382 mass. 366, 370-371 (1981).

1

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.

1

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.

1

to the extent those decisions can be read as being in tension with our holding, they necessarily are disapproved.

1

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.

0

290 or at 153-54 (quoting ors 20.010 and ors 20.070).

0

partee, 125 ill. 2d at 35.

1

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.

1

to the extent mccoy and mccracken implied that the only right to counsel under the act was a statutory one, they are hereby modified.

1

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.

1

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.

0

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.

1

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.

1

in so holding, we must necessarily recede, in part, from our prior decision in orlando regional healthcare system, inc. v. alexander.

0

neither has the [l]egislature seen fit to modify the law as expressed in [martin].""

1

baker is disapproved insofar as it is contrary to the views expressed herein.

1

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.

0

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.

0

"" ' ""punitive damages are appropriate if the defendant's acts are reprehensible, fraudulent or in blatant violation of law or policy.

0

ct. app. 1990)).

1

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.

1

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.

0

there is a natural overlap between what the photographs show and how the prosecution uses the photographs, and any resulting prejudice.

1

##note: people v. gonzalez is the same line of cases as the current case therefore there is no overruling.

0

it has been claimed, for instance, that the predictions of experts are little better than chance.

1

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.

1

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.

0

grigsby has since unsuccessfully filed multiple 28 u.s.c. 2255 motions to vacate his sentence.

1

insofar as it is inconsistent with our holding in this case, mullane v. industrial acc. com., supra, is disapproved.

0

see jones, 759 p.2d at 567-68.

0

j.a. 9013, 9072-73.

0

see golden eagle archery, inc. v. jackson, 116 s.w.3d 757, 761 (tex. 2003).

1

insofar as they are so inconsistent they are overruled.

1

to the extent that they conflict with this holding, chase, supra, and hill, supra, are overruled.

1

the cases set forth in footnote 1 are overruled.

0

a hypothetically correct charge would also include an instruction on the law of parties.

0

in the present case, appellant requested that she pay $300 a month in child support, which the court granted.

0

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.

1

we therefore disapprove of baird and rotello to the extent that they hold otherwise.

1

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.

1

to the extent that mariner's village , supra, and village square , supra, held otherwise, they are overruled.

1

any statements in the following decisions which are inconsistent with the views expressed herein are hereby disapproved:

0

_____________________________________________________

0

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.

1

we accordingly quash tricam industries and disapprove of nissan motor and nacra.

0

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.

1

we reject the "rule of completeness" articulated in mcrae and expressly overrule that decision.

1

in reaching this result, we will also overrule our decision in auer.

1

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.

0

hyatt, 316 mich app at 415.

1

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.

1

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.