Strongsville, Ohio – The Ohio Supreme Court on Tuesday affirmed a lower‑court ruling that the post‑conviction petition filed by Mackenzie Shirilla was filed one day past the statutory deadline. Chief Justice Sharon Kennedy signed an order denying Shirilla’s motion for reconsideration, effectively ending her latest effort to challenge her convictions.
Background of the case
Shirilla, now 21, was convicted in 2023 after a bench trial on four counts of murder, four counts of felonious assault and two counts of aggravated vehicular homicide. Prosecutors said she intentionally drove her Toyota Camry into a brick building, killing her boyfriend Dominic Russo, 20, and their friend Davion Flanagan, 19. Evidence presented at trial included surveillance video, vehicle “black box” data and testimony that the car was traveling nearly 100 mph without braking before the impact.
Shirilla maintains the crash was not intentional. Her defense argued that she suffered from Postural Orthostatic Tachycardia Syndrome (POTS), a condition that could cause loss of consciousness, potentially explaining why she failed to brake.
Procedural issue dominates
The Supreme Court’s decision focused solely on timing, not the merits of the POTS claim. Under Ohio law, a post‑conviction petition must be filed within 365 days of the trial transcript’s filing in the court of appeals. The 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 argued that the clock should have started later, when juvenile bind‑over transcripts were filed, and cited the 2024 leap year as a reason to extend the deadline. The appellate court rejected both arguments, noting that the statute specifically references the “trial transcript,” not supplemental juvenile‑hearing transcripts, and that the law provides a fixed 365‑day period, not a calendar year.
Supreme Court declines to revisit
Chief Justice Kennedy’s order simply stated, “It is ordered by the court that the motion for reconsideration in this case is denied.” The decision leaves in place the lower‑court finding that Shirilla’s petition was untimely, and no further review of the substantive claims – such as ineffective assistance of counsel or the relevance of POTS – will be considered.
Shirilla’s case has drawn renewed public attention following the release of Netflix’s documentary series “The Crash,” which dramatizes the 2022 incident.
Implications
The ruling underscores the importance of strict adherence to procedural deadlines in Ohio’s post‑conviction system. While the court did not address the underlying factual disputes, the decision signals that procedural bars will not be easily waived, even when defendants raise medical or evidentiary concerns.
Legal analysts note that the decision is consistent with Ohio’s longstanding emphasis on finality in criminal judgments, a principle that aims to preserve confidence in the judicial process while protecting victims’ families.
Fox News Digital reached out to Shirilla’s attorney for comment; a response was not received at the time of publication.
Original reporting: Fox News (HLL/CB) — read the source article.
