Was he denied his Constitutional right ?

A new matter cannot be raised for the first time on appeal. That is what it sounds like was the reason your brother was given by the lawyer.

Have your brother follow the lawyer's advice. Online we cannot know what the other details are going on in your case because online we cannot find out those details. He needs a lawyer. Check with a lawyer in your locale to discuss more of the details.

Good luck to you.

God bless.

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