Second Amended 3.800(a) Motion to Correct Illegal Sentence

On September 11th, 2025, in the 20th Circuit Court (trial court) Costello filed a Second Amended Motion to Correct an Illegal Sentence. This motion clearly shows that Costello was never actually charged with, or convicted of a crime. The sentences on both counts are illegal. This motion can be filed at any time. i.e. no one can time bar the motion.

The original motion was filed June 30, 2025, which started the time clock. The judge normally has 60 days to rule on such a key motion. At the time this article was written, the court was more than 75 days since the original motion was filed.

Second Amended 3800a Motion 9 11 2025Download

CoA Denial Florida Middle District

The middle district judge also works as an adjunct professor at the University of Florida. In one of his classes is a very vocal white supremacist who has expounded hate toward Jewish people and other classes of people. This judge/professor gave this student an award for writing a white supremacist paper.

Since that time, this judge has been labeled as “The White Supremacist Judge.”

Not surprisingly, he denied the Certificate of Appealability for Costello.

The CoA was denied despite the judge ignoring the merits of the motion, the fact that the motion was not time barred, and skipped over most of the grounds of the motion, not addressing them at all.

CoA Denied 7 30 2025Download

State and Costello Responses

Federal Habeas Corpus, Middle District of Florida, Case 2:25-cv-74

State’s response to Costello’s Petition for Writ of Habeas Corpus

State’s reponse 4 18 2025Download

State’s list of exhibits

State Exhibit List 4 pagesDownload

State’s exhibits

State Exhibits 603 pagesDownload

Costello’s response to State’s Response

Adam’s response to stateDownload

Costello’s exhibits showing McFee remained as counsel past appellate and AEDPA periods, blocking Costello or another attorney from filing an appeal or 3.850

Adam exhibitsDownload