Ohio Supreme Court rejects Mackenzie Shirilla's final state appeal in double murder case

By 
, September 2, 2026

Mackenzie Shirilla's last chance at a state-level reversal of her double murder conviction ended this week when Ohio's highest court refused to reconsider its earlier decision not to hear her case.

Chief Justice Sharon Kennedy issued a one-line order denying Shirilla's motion for reconsideration, a last-ditch effort by her attorneys to reopen an appeal the court had already turned away on June 23. The order was blunt: "It is ordered by the court that the motion for reconsideration in this case is denied." The ruling leaves intact a lower appellate court's finding that Shirilla's postconviction petition was filed one day too late, a single calendar day that may have sealed her fate behind bars for decades, Fox News Digital reported.

Shirilla, now 21, is serving two concurrent sentences of 15 years to life for intentionally driving her Toyota Camry into a brick building in Strongsville, Ohio, in 2022. The crash killed her boyfriend, Dominic Russo, 20, and their friend Davion Flanagan, 19. Prosecutors said Russo was the intended target and that Flanagan was an unintended victim who happened to be in the car.

Shirilla has maintained the crash was not intentional. But the evidence at trial told a different story. Surveillance video and black-box data showed her car was traveling nearly 100 mph without braking before it slammed into the building, according to evidence details reported by Cleveland television station WOIO.

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A bench trial, ten convictions, and no jury to blame

A judge, not a jury, convicted Shirilla in 2023 after a bench trial. The charges were severe: four counts of murder, four counts of felonious assault, and two counts of aggravated vehicular homicide. She was sentenced on August 21, 2023, in Cuyahoga County Common Pleas Court in Cleveland.

Her convictions were upheld on direct appeal in 2024. That left postconviction relief, a separate legal track under Ohio law, as her remaining path in state court.

Ohio law requires a postconviction petition to be filed within 365 days after the trial transcript is filed in the court of appeals. The appellate court found that Shirilla's trial transcript was filed on October 24, 2023, making the deadline October 23, 2024. Shirilla's attorneys filed her petition on October 24, 2024, the 366th day.

One day late. That was enough to kill the petition.

Leap year math and juvenile transcripts couldn't save the filing

Shirilla's attorneys tried two arguments to rescue the timeline. First, they contended the missed deadline resulted from confusion over the filing calendar, including a mistake involving the 2024 leap year. Second, they argued the 365-day clock should have started later, specifically, when juvenile bindover transcripts were filed, not when the trial transcript was filed.

The appellate court rejected both arguments. On the leap year question, the court ruled that the statute provides 365 days, not a calendar year, a distinction that matters when February has 29 days. On the transcript question, the court found the statute refers to the "trial transcript," not supplemental juvenile-hearing transcripts. The deadline stood.

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Courts across the country regularly face questions about procedural deadlines, and recent high-profile rulings have shown how strictly courts enforce procedural requirements, even when the underlying merits are hotly contested.

After the appellate court's ruling, Shirilla's legal team asked the Ohio Supreme Court to accept jurisdiction of her appeal. The court declined on June 23. Her attorneys then filed a motion for reconsideration on July 6, according to the New York Post. Kennedy's order this week denied that motion and effectively ended Shirilla's state-level legal options.

Netflix attention hasn't changed the court's math

Shirilla's case has drawn renewed public attention thanks to a Netflix documentary titled "The Crash." But public interest and legal merit are different currencies, and the courts have treated them accordingly. Every appellate body that has reviewed Shirilla's case, from the direct appeal through the postconviction proceedings to the state Supreme Court, has ruled against her.

Fox News Digital reported that Shirilla has landed a prison job while serving her sentence, a detail confirmed by the Ohio Department of Rehabilitation and Correction. The outlet also reached out to Shirilla's attorney for comment, though no response was reported.

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The case raises a question that legal observers will continue to debate: whether a one-day filing error should permanently foreclose a convicted defendant's ability to raise postconviction claims. Shirilla's attorneys pointed to alleged issues with trial counsel's investigation of evidence related to POTS, Postural Orthostatic Tachycardia Syndrome, a condition that affects heart rate and blood pressure, though the specifics of that argument were not detailed in the court proceedings as reported.

Whether Shirilla has any remaining legal avenues, such as a federal habeas corpus petition, remains an open question. State courts, at least, are finished with her case. Decisions like this one echo a broader pattern in which state supreme courts have drawn firm lines on procedural requirements, regardless of the political or emotional stakes involved.

Two young men are dead. A judge weighed the evidence, the speed, the surveillance footage, the lack of braking, and found Shirilla guilty on ten counts. Every court that has reviewed the case since has agreed. The procedural miss by her own attorneys only shortened the conversation.

Deadlines exist for a reason. In Shirilla's case, courts continue to demonstrate that rules apply equally, even when the consequences are severe.

The families of Dominic Russo and Davion Flanagan have waited years for finality. The Ohio Supreme Court, in six words, gave them one more measure of it.

" A free people [claim] their rights, as derived from the laws of nature."
Thomas Jefferson