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Shirilla Appeal Denied: Court Rejects Late Filing
28 Jun
Summary
- Ohio's highest court refused to hear Shirilla's appeal.
- Her petition was dismissed due to being filed one day late.
- Lawyers argued inadequate investigation into Shirilla's POTS condition.

Ohio's Supreme Court has declined to review Mackenzie Shirilla's latest appeal, leaving a lower court's decision to dismiss her postconviction petition intact. The dismissal was based on the petition being filed one day after the statutory deadline. This marks a significant setback for Shirilla, who is serving two concurrent sentences of 15 years to life for vehicular homicide.
Shirilla's legal team had urged the court to consider her case, asserting that her trial attorneys failed to adequately investigate her potential diagnosis of Postural Orthostatic Tachycardia Syndrome (POTS). They argued this condition, which can cause loss of consciousness, could have been a factor in the crash that killed her boyfriend and his friend. However, the court cited the missed filing deadline as the primary reason for not taking up the case.
The defense contended that the POTS evidence was only briefly mentioned at trial. They sought expert testimony to explore if the syndrome could explain Shirilla's actions prior to impact. Despite these arguments, the court adhered to the strict 365-day filing window, rejecting claims that leap year or other transcript filing dates should alter the deadline. The ruling means her convictions, previously upheld on direct appeal, will stand.