Mackenzie Shirilla has suffered another legal setback after the Ohio Supreme Court denied her attorneys’ request to reconsider its decision not to hear her latest appeal. Shirilla is serving two concurrent sentences of 15 years to life for the deaths of Dominic Russo and Davion Flanagan in a 2022 Strongsville crash. The latest rulings focused on the timing of her postconviction filing rather than the substance of her claims. The case has drawn renewed public attention following the release of a Netflix documentary about the crash.
| 1) | Ohio Supreme Court rejects reconsideration request |
| 2) | Postconviction petition was ruled untimely |
| 3) | Defense raises POTS and legal representation claims |
| 4) | Underlying convictions and prosecution theory |
| 5) | Evidence cited in the Strongsville crash case |
Ohio Supreme Court rejects reconsideration request
The Ohio Supreme Court denied Shirilla’s motion for reconsideration after her attorneys asked the justices to revisit a June 23 decision declining to accept the case. Chief Justice Sharon Kennedy issued the order, which left the earlier decision in place.
It is ordered by the court that the motion for reconsideration in this case is denied.
The decision means the state’s highest court will not review the latest postconviction challenge. It also preserves the lower-court determination that the petition was filed outside the time allowed under Ohio law.
Postconviction petition was ruled untimely
The dispute centers on when the 365-day filing period began. Court records identified October 24, 2023, as the date the relevant trial transcript was filed in the court of appeals. Based on that date, the deadline was October 23, 2024.
Shirilla filed her postconviction petition on October 24, 2024, one day after the deadline. Her attorneys argued that the calculation was affected by confusion over the filing timeline, including a calendar error involving the 2024 leap year. They also contended that the clock should have started when transcripts from juvenile bindover proceedings were filed.
The appellate court rejected those arguments, concluding that the statute refers to the trial transcript rather than supplemental juvenile-hearing transcripts. It also found that the law requires filing within 365 days, rather than within what might be viewed as a calendar year.
Defense raises POTS and legal representation claims
The petition sought to raise claims of ineffective assistance of counsel. One central argument was that Shirilla’s trial attorneys did not adequately investigate whether she had Postural Orthostatic Tachycardia Syndrome, commonly known as POTS.
Her attorneys argued that the condition could have caused her to lose consciousness before the crash. They said that possibility could help explain why the vehicle did not brake before striking the building. The defense previously characterized the condition as having been only briefly referenced during trial, despite claims that Shirilla and her family had alerted counsel to it.
Because the courts rejected the petition as untimely, the latest decisions did not resolve whether those medical or attorney-performance claims would have changed the outcome. Shirilla has maintained that the crash was not intentional.
Underlying convictions and prosecution theory
Shirilla was convicted after a 2023 bench trial in Cuyahoga County. The convictions included four counts of murder, four counts of felonious assault and two counts of aggravated vehicular homicide. She received two concurrent sentences of 15 years to life for the deaths of Russo, her boyfriend, and Flanagan, their friend.
Prosecutors argued that Shirilla intentionally drove her Toyota Camry into a brick building in Strongsville in 2022. Their theory was that she intended to end her relationship with Russo, while Flanagan was an unintended victim because he was in the vehicle. Her convictions were upheld on direct appeal in 2024.
Evidence cited in the Strongsville crash case
Evidence presented at trial included surveillance video, vehicle black-box data and information about the car’s speed before impact. The evidence indicated that the vehicle was traveling nearly 100 mph and did not brake before striking the building.
The crash and the court proceedings have since received renewed attention following the release of a Netflix documentary. Despite that broader interest, the current legal issue remains narrow: whether Shirilla’s postconviction petition was filed within the statutory deadline. The Ohio Supreme Court’s denial leaves the lower-court ruling and Shirilla’s sentences intact.
| Number | Key Point |
|---|---|
| 1 | The Ohio Supreme Court denied reconsideration. |
| 2 | The postconviction petition was filed one day late under the court’s calculation. |
| 3 | The defense cited POTS and alleged ineffective assistance of counsel. |
| 4 | Shirilla’s convictions and concurrent 15-years-to-life sentences remain in place. |
Summary
The Ohio Supreme Court’s ruling closes Shirilla’s latest effort to obtain review of her postconviction claims. The court did not rule on the merits of the POTS or ineffective-assistance arguments because the filing was determined to be outside Ohio’s 365-day deadline. Her convictions, sentences and prior appellate ruling therefore remain unchanged.
Frequently Asked Questions
What did the Ohio Supreme Court decide?
The court denied Shirilla’s request to reconsider its decision not to accept her latest appeal.
Why was the postconviction petition rejected?
The courts determined that the petition was filed one day after Ohio’s 365-day deadline.
What claims did Shirilla’s attorneys raise?
They argued that trial counsel provided ineffective assistance, including by failing to adequately investigate possible POTS that might have caused Shirilla to lose consciousness before the crash.
What sentences is Shirilla serving?
She is serving two concurrent sentences of 15 years to life for the deaths of Dominic Russo and Davion Flanagan.
