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Ohio Supreme Court denies review of Mackenzie Shirilla's murder appeal.

Jun 29, 2026 Crime

Mackenzie Shirilla's request for the Ohio Supreme Court to review her latest appeal has been denied. The state's highest court declined to accept jurisdiction over her case, leaving a lower-court ruling in place. That earlier decision tossed her postconviction petition because it was filed one day past the legal deadline.

In an entry filed on June 23, the court stated it had reviewed the jurisdictional filings but would not take the case. The order was signed by Chief Justice Sharon L. Kennedy.

Shirilla's case has regained attention following Netflix's new docuseries, "The Crash." The 21-year-old prisoner is currently serving two concurrent sentences ranging from 15 years to life in prison. She faces these penalties for killing her boyfriend, Dominic Russo, 20, and their friend, Davion Flanagan, 19.

Prosecutors claimed she deliberately slammed her Toyota Camry into a brick building in Strongsville, Ohio, on July 31, 2022. She was later convicted after a bench trial of four counts of murder, four counts of felonious assault, and two counts of aggravated vehicular homicide.

During the trial, prosecutors argued Shirilla drove into the structure to end her toxic relationship with Russo. They maintained that Flanagan was an unintended victim who happened to be in the car at the time. Shirilla has consistently maintained the crash was not intentional. Her attorneys have not yet provided further comment to Fox News Digital.

Following the release of the docuseries, Shirilla's lawyers filed an appeal with the Ohio Supreme Court. They argued her trial team failed to adequately investigate evidence that she suffered from Postural Orthostatic Tachycardia Syndrome, or POTS. The defense claims this condition could have caused her to lose consciousness before the crash occurred.

Her legal team states the syndrome was only cursorily referenced at trial despite prior notice from Shirilla and her family. They argued trial counsel should have sought expert testimony to explain whether POTS could account for her failure to brake before impact.

Cuyahoga County Prosecutor Michael O'Malley stated his office believes without question that Mackenzie Shirilla is guilty of murder. Her convictions were already upheld on direct appeal in 2024, but the appeals court found she missed the statutory deadline for filing a postconviction petition.

Under Ohio law, such a petition must generally be filed within 365 days after the trial transcript is filed in the court of appeals. The court determined the relevant transcript was filed on October 24, 2023, making the deadline October 23, 2024. Shirilla filed her petition on October 24, 2024, which was the 366th day.

Shirilla argued the clock should have started later when juvenile bindover transcripts were filed. She also pointed to the 2024 leap year as a reason for the delay. The appellate court rejected both arguments, noting the statute refers to the trial transcript rather than supplemental juvenile-hearing transcripts.

The court further refused to excuse the late filing on fairness grounds. It stated the deadline is jurisdictional and Shirilla had not met any statutory exception to the rule.

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