He will win....
Only if the judicial system follows the law and the Constitution, which has been rare in recent history.
IANAL, but IMHO that depends whether he attempted to raise the following two factual issues:
When seeking a remand after a conviction, it is necessary to show not only that mistakes (or worse) were made, but that they may have materially affected the outcome of the trial. Since precedent in state and federal court requires the above facts for constitutional RKBA defenses, if the defendant didn't attempt to raise them the appeals court might hold that even a fair judge and jury would not have accepted that defense.