Convicted double murderer Mackenzie Shirilla suffered another legal setback after the Ohio Supreme Court denied her attorneys’ request to reconsider its decision not to hear her latest appeal.
Shirilla, now 21, is serving two concurrent sentences of 15 years to life for killing her boyfriend, Dominic Russo, 20, and their friend, Davion Flanagan, 19, after prosecutors said she intentionally drove her Toyota Camry into a brick building in Strongsville, Ohio, in 2022.
Chief Justice Sharon Kennedy denied Shirilla’s motion for reconsideration after her attorneys asked the state’s highest court to revisit its June 23 decision declining to review her case, according to court records.
“It is ordered by the court that the motion for reconsideration in this case is denied,” Kennedy wrote.
Tuesday’s decision leaves intact a lower-court ruling that Shirilla’s postconviction challenge was filed one day too late.
Shirilla’s attorneys have argued that the missed deadline resulted from confusion over the filing timeline, including a calendar mistake involving the 2024 leap year.
The postconviction challenge sought to raise claims that Shirilla received ineffective assistance of counsel, including an argument that her trial lawyers failed to adequately investigate evidence that she suffered from Postural Orthostatic Tachycardia Syndrome, or POTS.
Her attorneys have argued that the condition could have caused Shirilla to lose consciousness before the crash and potentially explain why she failed to brake before impact.
The defense previously said the condition was only “cursorily referenced” at trial despite Shirilla and her family allegedly putting her attorneys on notice about it.
The latest court decisions, however, have focused on whether Shirilla’s postconviction petition was filed on time rather than the merits of those arguments.
Under a postconviction petition must generally be filed within 365 days after the trial transcript is filed in the court of appeals. The court determined that the relevant transcript was filed Oct. 24, 2023, making the deadline Oct. 23, 2024.
Shirilla filed her petition on Oct. 24, 2024, the 366th day.
Shirilla argued that the clock should have started later, when juvenile bindover transcripts were filed, and also pointed to the 2024 leap year. The appellate court rejected both arguments, finding that the statute refers to the “trial transcript,” not supplemental juvenile-hearing transcripts, and that the law provides 365 days, not a calendar year.
Her attorneys later asked the Ohio Supreme Court to review the case. The state’s highest court declined to accept jurisdiction June 23 before Shirilla’s asked the justices to reconsider that decision.
Shirilla’s case has received renewed public attention following the release of Netflix’s “The Crash.”
Shirilla was convicted in 2023 after a bench trial of four counts of murder, four count
