Mackenzie Shirilla is attempting to revive her appeal, but Ohio prosecutors argue she is simply repeating arguments already rejected by the court.
In new legal documents obtained by TMZ, the Cuyahoga County Prosecutor's Office asks the Supreme Court of Ohio to deny Shirilla's motion for reconsideration.
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They claim she has not presented any new issue that warrants another review of her case.
Prosecutors acknowledge that reconsideration can correct a decision later found to be erroneous. However, they stress it is not meant for someone who merely reargues their case.
“What new material issue does Mackenzie Shirilla bring to this Court’s attention? None.
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In fact, Shirilla more than once directs the Court to arguments already briefed in her 'previously filed memorandum in support of jurisdiction,'” prosecutors wrote.
They repeatedly point the justices back to arguments made before the court declined to hear her appeal last month.
Shirilla also asks the court to consider at least one of her four arguments if it won't hear all of them.
Prosecutors note the justices already had that option when they rejected her case.
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The state ended its response with a pointed geography lesson: “Creating a new, Shirilla-specific exception is a matter for Broad Street, not Front Street.”
This appears to reference the Ohio Statehouse on Broad Street and the Supreme Court on Front Street.
Shirilla was convicted in 2023 of intentionally driving nearly 100 MPH into a brick wall, killing her passengers — boyfriend Dominic Russo and their friend Davion Flanagan.
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She is serving two concurrent life sentences and is not eligible for parole until 2037.
