Mackenzie Shirilla has lost her last chance to appeal her murder conviction in Ohio after the state’s top court rejected her request to reconsider its June denial.

“It is ordered by the court that the motion for reconsideration in this case is denied,” Supreme Court of Ohio Chief Justice Sharon L. Kennedy wrote on Tuesday, Sept. 1, according to the ruling obtained by PEOPLE.

This is the last time Shirilla, the subject of Netflix’s widely popular documentary The Crash, can appeal her case at the state level, WJW reported.

In August 2023, Shirilla, now 23, was convicted of intentionally crashing her Toyota Camry into a brick building at speeds up to 100 mph, killing her boyfriend, Dominic Russo, 20, and their friend, Davion Flanagan, 19, on July 31, 2022.

Russo and Flanagan were declared dead at the scene.

Shirilla, then 17, was unconscious and not breathing when she was found trapped inside the twisted wreckage but survived the crash.

Dominic Russo; Davion Flanagan.Courtesy of Netflix; Jardine Funeral Home
She was sentenced to 15 years to life in prison after being found guilty on all 12 charges she faced including murder, aggravated vehicular homicide, felonious assault and drug possession.

During the trial, the judge said that while Shirilla was driving the car, at one point she became “literal hell on wheels.”

Since her conviction, Shirilla and her new attorneys have fought to appeal her case, which have been denied twice in Cuyahoga County Court and once in the Eighth District Court of Appeals.

In May 2025, Cuyahoga County Common Pleas Court Judge Nancy Margaret Russo, who found Shirilla guilty in her 2023 bench trial, ruled Shirilla’s appeal for a new trial and supplemental post-conviction relief as invalid, according to WKYC.

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The Eighth District Court of Appeals upheld the sentence in March 2026, the outlet reported.

In a memorandum of support of jurisdiction filed on April 27, her new attorneys reiterated what they argued in an October 2024 appeal claiming that evidence exists showing Shirilla “suffered from a pre-existing medical condition that could have caused her to black out while driving.”

They argued that her defense lawyer at the time “did not adequately investigate this aspect of the case” and did not try to secure expert testimony.

The court, however, rejected the petition saying it was one day late.

In a memorandum in response to jurisdiction on May 14, the Ohio Supreme Court wrote that Shirilla “miscalendared the date that her petition for post-conviction relief was due.” The trial transcripts were filed in her direct appeal on Oct. 23, 2023, triggering the 365-day statutory clock to file the petition.

Shirilla, the court wrote, filed her petition on October 24, 2024, which is the same day that many of her exhibits were notarized.

“Because 2024 was a leap year, Shirilla’s petition was late by one day. The trial court properly denied her petition as untimely,” the court wrote.

The court continued, saying: “Realizing the enormity of her error, Shirilla argued on appeal that the 365-day clock did not start until the transcript of a probable cause hearing in the juvenile court was filed in the direct appeal on December 15, 2023 … The Eighth District Court of Appeals unanimously, and correctly, rejected this argument.”

On July 6, her lawyers filed a motion asking the Ohio Supreme Court to review her appeals, which the court rejected.

Shirilla and her attorneys, however, are not giving up.

On July 28, Shirilla’s new attorney filed a federal habeas corpus petition in U.S. District Court for the Northern District of Ohio asking a judge to overturn her conviction based on several alleged constitutional rights violations, including ineffective assistance of counsel and insufficient evidence. The case is pending.

Attorneys for Shirilla did not immediately respond to PEOPLE’s request for comment.