US News
Ohio Supreme Court rejects Mackenzie Shirilla's appeal reconsideration request in fatal crash case
The decision upholds a lower court's finding that Shirilla missed the statutory deadline to file her postconviction petition.
The short version
- The Ohio Supreme Court denied a motion to reconsider its refusal to review Mackenzie Shirilla's postconviction appeal.
- The ruling maintains a lower court's decision that her postconviction challenge was submitted one day past the 365-day statutory limit.
- Shirilla is serving 15 years to life for a 2022 crash that killed Dominic Russo and Davion Flanagan.
- The decision closes a procedural avenue for Shirilla's defense to present claims regarding ineffective assistance of counsel related to a medical condition.
Key facts
- Ohio Supreme Court Chief Justice Sharon Kennedy denied Mackenzie Shirilla's motion for reconsideration regarding the court's earlier refusal to hear her appeal.[Fox News]
- The underlying appellate ruling determined that Shirilla's postconviction petition was filed on the 366th day, one day beyond Ohio's 365-day deadline following the filing of trial transcripts.[Fox News]
- Defense attorneys argued that the timing calculation was complicated by the 2024 leap year and a disagreement over when the filing clock officially began.[Fox News]
- The dismissed petition intended to argue ineffective assistance of trial counsel, alleging a failure to investigate whether Shirilla's Postural Orthostatic Tachycardia Syndrome (POTS) caused her to lose consciousness prior to the crash.[Fox News]
- Shirilla was convicted in 2023 of murder, felonious assault, and aggravated vehicular homicide for the 2022 Strongsville, Ohio, crash that killed Dominic Russo and Davion Flanagan.[Fox News]
What remains uncertain
- It remains unstated whether Shirilla's legal team intends or is eligible to pursue further legal remedies in other forums following the state supreme court's denial.[Fox News]