Yeah maybe you’re right.
i’m not attorney.
is that something that could “legitimately” be brought up?
Anything at all can be brought up as an item of appeal and usually is. That’s how they get multiple appeals. They just come up with a new item when the other appeal is turned away, it’s just got to be good enough to convince a judge to grant an appeal. Most are always completely frivolous and are turned away, I believe.
I’m not an attorney either.