Bryan Kohberger, accused in the quadruple murder of University of Idaho students, is working to withdraw his previous guilty plea. His post-conviction petition claims ineffective assistance of counsel, coercion, disinformation, and false promises. This petition seeks a new trial. Families of the victims, including Kaylee Goncalves’ mother, have expressed disappointment but were unsurprised by this legal move.
In another case, Mackenzie Shirilla has faced another legal hurdle. The Ohio Supreme Court denied her attorneys’ request to reconsider its decision not to hear her latest appeal. Shirilla, now 21, is serving two sentences of 15 years to life for the murder of her boyfriend, Dominic Russo, and their friend, Davion Flanagan. Prosecutors argued she intentionally crashed her car into a building in 2022.
Chief Justice Sharon Kennedy denied Shirilla’s motion for reconsideration after her attorneys asked the court to revisit its decision from June 23. The court’s order stated that the motion was denied, leaving a lower-court ruling intact. This ruling found her postconviction challenge was filed one day too late.
Shirilla’s defense argued that a missed deadline resulted from confusion over the timeline, including a calendar mistake concerning the 2024 leap year. The challenge intended to argue that Shirilla received ineffective assistance of counsel. Her attorneys claimed her trial lawyers failed to adequately investigate evidence related to Postural Orthostatic Tachycardia Syndrome (POTS), which might have caused her to lose consciousness before the crash.
Shirilla’s condition was only briefly mentioned at trial, despite her family’s claims they notified her attorneys. Recent court decisions have focused on the timing of Shirilla’s postconviction petition rather than its arguments. Under Ohio law, a postconviction petition generally needs filing within 365 days after the trial transcript is filed in the court of appeals. The court found that the transcript was filed on Oct. 24, 2023, making the deadline Oct. 23, 2024. Shirilla filed her petition on Oct. 24, 2024, the 366th day.
Shirilla argued the deadline should start when juvenile bindover transcripts were filed and cited the 2024 leap year. The appellate court dismissed both claims, finding the statute refers to the “trial transcript” and allows 365 days, not a calendar year. Her attorneys later asked the Ohio Supreme Court to review the case, but the court declined on June 23. Shirilla’s legal team then requested reconsideration.
The case has gained attention with the release of Netflix’s “The Crash.” Shirilla was convicted in 2023 after a bench trial on multiple counts, including murder and aggravated vehicular homicide. Prosecutors claimed Shirilla intentionally drove into the building to end her relationship with Russo, and Flanagan was an unintended victim.
Evidence included surveillance footage, vehicle data, and information showing Shirilla’s car was traveling nearly 100 mph without braking. Despite the convictions being upheld on direct appeal in 2024, Shirilla has maintained the crash was unintentional. Fox News Digital has contacted Shirilla’s attorney for further comments.