Ohio Supreme Court Rejects Shirilla Reconsideration Over 1-Day Late Appeal Filing
Updated
Updated · Fox News · Sep 2
Ohio Supreme Court Rejects Shirilla Reconsideration Over 1-Day Late Appeal Filing
3 articles · Updated · Fox News · Sep 2
Summary
Chief Justice Sharon Kennedy denied Mackenzie Shirilla's bid to make the Ohio Supreme Court revisit its June 23 refusal to hear her latest appeal.
The setback turns on timing, not the substance of her claims: courts found Shirilla filed her postconviction petition on Oct. 24, 2024, one day after the Oct. 23 deadline.
Shirilla's lawyers blamed a leap-year calendar mistake and argued later-filed juvenile bindover transcripts should start the 365-day clock, but appellate judges said the statute applies to the trial transcript only.
Her petition sought a new hearing on ineffective-counsel claims, including that trial lawyers failed to fully investigate whether POTS caused her to lose consciousness before the 2022 crash.
Shirilla, 21, remains under two concurrent 15-years-to-life sentences for the deaths of Dominic Russo, 20, and Davion Flanagan, 19, in a 2022 crash prosecutors said was intentional.