The Crash: Why were both of Mackenzie Shirilla’s appeals denied?

Netflix’s latest true-crime documentary, The Crash, has reignited the world’s interest in the murder trial of Mackenzie Shirilla. Mackenzie is currently in prison at Ohio Reformatory for Women, but she’s actually tried to appeal her conviction on two occasions.

The Netflix documentary follows the story of a fatal car crash, which killed two teenagers and left Mackenzie Shirilla, the driver, as the only survivor.

While everyone initially assumed the crash was a horrific accident, evidence began to suggest Mackenzie killed Dominic Russo, her boyfriend at the time, alongside her friend, Davion Flanagan, on purpose. 

Mackenzie was found guilty of murder and handed a life-sentence with the opportunity for parole after 15 years. Her legal team has since made two appeals, which have both been denied. But on what grounds were they shut down?

Why were Mackenzie Shirilla’s appeals denied?

via Netflix

Mackenzie’s legal team made an initial appeal on 25th September 2023, saying there was not enough evidence to sustain her convictions and claiming multiple clerical errors were made during the trial. This was denied.

When a second appeal was made, it was dismissed for the most easily preventable reason. 

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Under Ohio law, a defendant has 365 days from the date of the trial transcript being filed with the court of appeals to make a petition for appeal.

Mackenzie’s team left it to the 366th day, just one day too late, to file the petition. 

via Netflix

The court ruled: “Because the appellant filed the petition on the 366th day following the filing of the trial transcript, the trial court was without jurisdiction to consider the merits of the claims, and the application of equitable tolling is prohibited in the context of this jurisdictional bar.”

Despite Mackenzie’s argument that she should be allowed an extra day, due to 2024 being a leap year, the Eighth District Court of Appeals upheld the original decision.

The Crash is available on Netflix now. For all the latest Netflix news and drops, like The Holy Church of Netflix on Facebook. 

Featured image via Netflix