Kelly v. State

James Kelly filed this petition for writ of certiorari seeking review of a circuit court order that summarily affirmed two traffic court civil adjudications. We grant the petition because the circuit court entered an expedited affirmance pursuant to Florida Rule of Appellate Procedure 9.315(a), even though Mr. Kelly’s initial brief clearly demonstrated “a preliminary basis for reversal.” On remand, the circuit court should order the state to produce an audible recording of the traffic proceeding. If the state cannot produce an audible recording and the parties cannot present an adequate…