The Court of Criminal Appeal agreed with these arguments, relying also on decisions by the European Court of Human Rights on the subject. The ECHR directed domestic courts to decide the matter on a case-by-case basis after having found no breach of human rights in a similar case.

It said it could not agree with the first court which declared the statement as “inadmissible in terms of law”, despite it having been released in line with the law prevailing at the time.

Moreover, the court could not determine the overall fairness of the entire judicial process at this early stage, when the trial by jury has not yet taken place.

- https://www.unravelmalta.com/man-awaiting-trial-for-sexually...

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Such a presumption would have been wholly in line with the prevailing law during the period ERISA was enacted - https://digitalcommons.law.buffalo.edu/cgi/viewcontent.cgi?a... - page 33

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Although criticised from some quarters as drawing arbitrary distinctions, the decision was in line with the prevailing case law at the time, which distinguished between pathological grief (a medically recognised condition) and non-pathological grief (a normal human emotion) (Kralj v McGrath [1986] 1 All ER 54). - https://www.lawteacher.net/cases/vernon-v-bosley-no-1.php

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The general rule, as well as the Florida rule, is that an appellate court will dispose of the case according to the law prevailing at the time of the appellate disposition, and not according to the law prevailing at the time of rendition of the judgment appealed. - https://www.floridasupremecourt.org/content/download/344475/... - page 27

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Nevertheless, the Court examined the state of the law prevailing at the time of the statute's enactment in order to determine whether the enacting Congress had intended to abrogate state sovereign immunity by relying on the pre-1989 legal standard for abrogating sovereign immunity, which was arguably less stringent. - https://scholarship.law.uc.edu/cgi/viewcontent.cgi?referer=&... - page 26