Quindell Montrae Kirby v. Chadwick Dotson, Director, Virginia Department of Corrections
I. Why was "the Circuit Court of the County of Chesterfield Commonwealth of Virginia allowed to prosecute this case? where precedent supports Petitioners position, Virginia Code § 14.1-247 addresses the proper venue for homicide prosecutions under circumstances which make it unknown where such crime was committed, to wit: "the offense shall be amenable to prosecution in the courts of the county or city where the body of the victim may be found..."
II. Does the Court deems it proper to protect the right, privileges, and immunities of the accused? Because it WAS the Petitioner's Constitutional Right to have a Fair Trial in the City of Richmond, not the County of Chesterfield.
III. Are the Courts aware the Petitioner's conviction was obtained by the unconstitutional failure of the prosecution to disclose to the defendant evidence favorable to the Petitioner? And why are the Courts overlooking the facts that the prosecutor destroyed exculpatory evidence that could have exonerated the Petitioner?
IV. Are the Courts aware of that in the final defense motion to strike, defense counsel stated "there is no evidence that would raise a strong presumption, or any presumption at all, that this crime actually occurred in the County of Chesterfield"? And that the Commonwealth responded that "Judge, it is a legal issue, but the Commonwealth - arguing for jury instruction that venue was not a factual issue for jury determination.
V. Do this Court deem it proper, to not notify the jury in Chesterfield County, that a crime was not committed in Chesterfield County but in the City of Richmond?
VI. So, why wasn't this case prosecuted in the City of Richmond where the victim's body and property was discovered?
VII. How wasn't jury instruction that venue was a factual issue not given to the jurors by Jury's determination?
Whether the Court of the County of Chesterfield, Commonwealth of Virginia was allowed to prosecute this case when precedent supports the Petitioner's position that the offense should have been prosecuted in the courts of the county or city where the body of the victim was found