CUYAHOGA COUNTY — MacKenzie Shirilla formally asked the Ohio Supreme Court on July 6 to reconsider a previously filed motion. Shirilla is serving a sentence of life in prison without the option for parole for at least 15 years.
The request follows earlier rejections of the motion by the Ohio Supreme Court on June 23 and by the Eighth District Court of Appeals. Shirilla was convicted of murder and other charges in connection with a crash that occurred on July 31, 2022, in Strongsville. The crash killed 20-year-old Dominic Russo and 19-year-old Davion Flanagan.
The Eighth District Court of Appeals rejected Shirilla's motion for postconviction relief, citing that the filing occurred 366 days after the trial transcript was filed. Ohio court rules specify a filing deadline of 365 days following the filing of a trial transcript.
Shirilla's attorneys argue that juvenile court transcripts necessary for their motion had not been filed by the 365-day deadline. They contend that filing guidelines are interpreted with varying levels of rigor across Ohio's 12 appeals courts.
"Perhaps the most compelling reason to accept the instant case is to resolve the inconsistency that has arisen among the district court of appeals as to the meaning of 'trial transcript,'" Shirilla's attorneys wrote in their latest request. "The State provides no criteria for assessing what is a 'trial transcript' when there is no trial," they added.
The car Shirilla was driving crashed into a building at approximately 100 mph on July 31, 2022. Investigations determined that no effort was made to apply the brakes in the seconds leading up to the crash and that the accelerator was fully engaged. Shirilla has previously argued that she suffered from a medical condition that resulted in the crash.
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