LATRAVIS BROWN
v.
STATE OF FLORIDA
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When appellate counsel omits a preserved issue from the opening brief due to inadvertent error rather than strategic choice, harmless error analysis applies and affirmance may be appropriate if the error was harmless beyond a reasonable doubt.
[1] An appellate counsel's inadvertent omission of a preserved trial issue from an opening brief is subject to harmless error review rather than automatic reversal.
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Join FLexlaw to unlock all legal intelligenceLatravis Brown was convicted and sentenced. On appeal, appellate counsel's opening brief inadvertently failed to address a preserved issue that had be…
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RAY, C.J., and JAY, J., and SHARRIT, MICHAEL S., Associate Judge, concur. _____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.
_____________________________ Candice Kaye Brower, Criminal Conflict & Civil Regional Counsel, Region One, and Michael Jerome Titus, Assistant Regional Conflict Counsel, Tallahassee, for Appellant. Ashley Moody, Attorney General, and Steven Woods, Assistant Attorney General, Tallahassee, for Appellee.