The Ohio Supreme Court has denied Mackenzie Shirilla's request to reconsider its decision not to hear her latest appeal in her double murder case. Shirilla, 21, is currently serving two concurrent sentences of 15 years to life.
She was convicted in 2023 for the 2022 deaths of her boyfriend, Dominic Russo, 20, and their friend, Davion Flanagan, 19. Prosecutors stated that Shirilla intentionally drove her Toyota Camry into a brick building in Strongsville, Ohio. Evidence presented at trial included surveillance video, vehicle "black box" data, and information showing her car was traveling nearly 100 mph without braking before the crash.
Shirilla's attorneys had sought reconsideration from Chief Justice Sharon Kennedy after the court's June 23 decision declined to review her case. The recent denial leaves intact a lower court's ruling that Shirilla's postconviction challenge was filed one day late. Her defense argued that the missed deadline was due to confusion over filing timelines, including a calendar error related to the 2024 leap year.
The postconviction challenge aimed to raise claims of ineffective assistance of counsel. Specifically, her lawyers argued that trial attorneys failed to adequately investigate evidence that Shirilla suffered from Postural Orthostatic Tachycardia Syndrome, or POTS. They contended this condition could have caused her to lose consciousness before the crash, potentially explaining her failure to brake.
According to the court's determination, a postconviction petition in Ohio must generally be filed within 365 days after the trial transcript is filed in the court of appeals. The relevant transcript was filed on Oct. 24, 2023, making the deadline Oct. 23, 2024. Shirilla filed her petition on Oct. 24, 2024, the 366th day.
Shirilla's attorneys also argued that the clock should have started later, with the filing of juvenile bindover transcripts, and pointed to the 2024 leap year. However, the appellate court rejected both arguments, stating the statute refers to the "trial transcript" and that the law provides 365 days, not a calendar year.
Shirilla's convictions were upheld on direct appeal in 2024. The case has seen renewed public attention following the release of Netflix's "The Crash."