Ohio Supreme Court denies Mackenzie Shirilla's latest appeal bid in double murder case
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.
MACKENZIE SHIRILLA'S TEXTS SURFACE AS 'HELL ON WHEELS' DRIVER'S APPEAL COLLIDES WITH NETFLIX'S 'THE CRASH' 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.
WATCH: MACKENZIE SHIRILLA’S FATHER CALLS HER ‘A DUMB 18-YEAR-OLD’ WHILE BERATING POLICE IN BODYCAM VIDEO 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 Ohio law, 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.
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