OHIO — The Ohio Supreme Court will not be reviewing Mackenzie Shirilla’s post-conviction appeals, according to our CBS affiliate WOIO-19 TV.
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The court ruled that the petition was filed late and the trial court didn’t have the jurisdiction to excuse the delay.
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As previously reported, Shirilla was convicted of the murders of her boyfriend, Dominic Russo, and their friend, Davion Flanagan.
The judge sentenced Shirilla to 15 years to life in prison in 2023.
Shirilla sped her car into a building at a high rate of speed, killing the two men in July 2022.
According to court documents obtained by our affiliate, Shirilla’s lawyers said they requested the review due to a calendar mistake.
Her attorneys missed the deadline by one day becuase they failed to account for 2024 being a leap year, court records said.
On Tuesday, the Ohio Supreme Court said “the trial court correctly determined it was without jurisdiction to consider the petition.”
Ohio law generally gives convicted defendants 365 days after their trial transcripts are filed to challenge the conviction.
WOIO-19 reported that Shrillia’s deadline started on Oct. 23, 2023, but her lawyers filed on Oct. 24, 2024.
Shirilla’s new attorneys filed a new appeal on April 27, 2026, and argued that the deadline should have started later becuase a different transcript was filed weeks after the main trial record.
They added that Shirilla would have been acquitted if she got effective assistance of counsel, WOIO-19 reported.
The Ohio Supreme Court pointed to jurisdiction in its decision, adding that these arguments didn’t meet the exceptions.
Due to this, the trial court didn’t have the authority to excuse the delay, the justices said.
Justice R. Patrick DeWine dissented from the decision, WOIO-19 reported.
Shirilla will have her first parole hearing in 2037.
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