You're not going to like this answer. But, the answer is maybe. There are a lot of factors that are in play with constitutional issues. For instance, there may be a previous case that deals with this issue. And that case could have come down in your favor or against you. Also, your brother's attorney will need to know a lot more details about his case.
Your brother will want to find some one with experience arguing difficult cases at the highest levels. Good luck.
Answered on Mar 01st, 2021 at 6:50 AM