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

however, in smith v. state, 918 so.2d 141 (ala.crim.app. 2005), an opinion released today, we expressly overrule our previous holdings in kelley v. state, 911 so.2d 1125 (ala.crim.app. 2004); coleman v. state, 911 so.2d 1099 (ala.crim.app. 2004); and thornton v. state, 859 so.2d 458 (ala.crim.app. 2003), that a circuit court lacks jurisdiction to rule on a rule 32 petition that has not been properly verified, and we hold that the lack of verification of a rule 32 petition is not a defect of subject-matter jurisdiction; rather, it is a defect that is waived if not properly objected to the state did not object in this case to the lack of proper verification of presley's petition; therefore, that issue is deemed to be waived.
overruling