Still convinced that it won't hold up on appeal. If the judge considers the cards to be marked because of manufacturing flaw that made the cards not perfectly

Still convinced that it won't hold up on appeal. If the judge considers the cards to be marked because of manufacturing flaw that made the cards not perfectly symmetrical, then that manufacturing flaw would be present in all the casino's card games, rendering them all invalid and illegal and opening up the casino to lawsuits for return of losses from illegally operated games, which were illegal essentially because of a technicality. This would likely result in the casino going bankrupt. If the judge considers the cards to be marked because they were rotated, then the judge has effectively outlawed a consensual agreement between the casino and the player regarding game conditions, which is neither in the spirit not the letter of the referenced law. True, the player exploited information asymmetry because he was aware of information that the casino was not, but that's a perfectly acceptable advantage which casinos exploit all the time when they don't explicitly explain to casual players how the rules of their games mathematically guarantee a house advantage over the long term.