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UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

DOCKETING STATEMENT--CRIMINAL CASES
Directions: Counsel must make a docketing statement (criminal) entry in CM/ECF within 14
days of filing a notice of appeal or cross appeal, or within the due date set by the clerks
docketing notice, whichever is later. File with the entry the (1) docketing statement form and any
extended answers, (2) any transcript order form, and (3) any CJA 24 authorization form. Counsel
who filed the notice of appeal is responsible for filing the docketing statement even if different
counsel will handle the appeal. In criminal cases, counsel who represented the defendant below
must continue on appeal unless the court of appeals grants a motion to withdraw. Appellants
proceeding pro se are not required to file a docketing statement. Opposing counsel may file
objections to the docketing statement within 10 days of service using the ECF event-docketing
statement objection/correction.
Appeal No. & Caption

No. 15-4019, United States v. Robert F. McDonnell

Originating No. & Caption

No. 3:14-cr-12, United States v. Robert F. McDonnell and

Maureen G. McDonnell

District Court & Judge

Eastern District of Virginia; Judge James Spencer

Jurisdiction (answer any that apply)

Date of entry of order/judgment appealed from

January 13, 2015

Date this notice of appeal filed

January 13, 2015

If cross appeal, date first notice of appeal filed

Date of filing any post-judgment motion
Date order entered disposing of any post-judgment motion
Date of filing any motion to extend appeal period
Time for filing appeal extended to
Is appeal from final order or judgment?

Yes

If appeal is not from final judgment, why is order appealable?

07/17/2012
SCC

No

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Transcript Order all necessary transcript now. Extensions of the briefing schedule to order
additional transcript are disfavored
(Identify necessary transcript dates and state whether the transcript is on file or a copy of the transcript
order is attached. CJA counsel must attach copy of the CJA 24 with the transcript order.).

Trial Date(s):

July 28, 2014 to September 4,

2014

Plea Date:
Sentence Date:
Other Date(s):

January 6, 2015
Motions hearing: May 19, 2014

On File

Order
Attached

Not
Needed

On File

Order
Attached

Not
Needed

On File

Order
Attached

Not
Needed

On File

Order
Attached

Not
Needed

Case Handling Requirements (answer any that apply)

Case number of any prior appeal in same case
Case number of any pending appeal in same case

Identification of any case pending in this Court

or Supreme Court raising similar issue

If abeyance or consolidation is warranted,

counsel must file an appropriate motion.

Is expedited disposition necessary?

Yes

No

If yes, motion to expedite must be filed.

Issues (Non-binding statement of issues to raise on appeal. Attach additional page if necessary.)
Mr. McDonnell's appeal will raise multiple issues. Those issues may include but are not limited
to:
1. Whether the evidence showed Mr. McDonnell took or promised "official action" under federal
law.
2. Whether the district court properly instructed the jury on the meaning of "official action,"
other elements of the crimes, the defense theory of the case, and defenses to criminal liability.
3. Whether the district court conducted sufficient voir dire of potential jurors concerning pretrial
publicity and the fact that the indictment was not evidence of guilt.
4. Whether the district court erred by dismissing a juror and failing to voir dire the sitting jury
when evidence of premature deliberations came to light mid-trial.
5. Whether the district court erred by admitting prejudicial hearsay documents and testimony
during the trial.
(continued on additional page...)

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(continued from previous page:)

6. Whether the district court erred by permitting the Government to present evidence about Mr.
McDonnells state financial disclosure forms, and his receipt of gifts from people with whom he
was never alleged to have a quid pro quo agreement.
7. Whether the district erred by ordering Mr. McDonnell to surrender a forensic image of Mr.
Williams iPhone that the Government produced in its Rule 16 production.
8. Whether the evidence showed an effect on interstate commerce sufficient to satisfy the Hobbs
Act.
9. Whether the district court erred by excluding all evidence of the unique nature of Mr.
Williams transactional immunity agreements, as well as by excluding other evidence
impeaching his credibility.
10. Whether the district court erred by excluding defense expert testimony on numerous material
topics.
11. Whether the district court erred by repeatedly failing to sever the McDonnells for separate
trials.
12. Whether the district court erred by permitting the government to present evidence of Mrs.
McDonnells ownership of Star Scientific stock.
13. Whether the evidence showed the charged conspiracy.
14. Whether the district court properly instructed the jury on circumstantial evidence.
15. Whether the federal statutes at issue are unconstitutional on their face and/or as applied in
this case.

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Appellants Name & Address

Counsels Name & Address

Name: Robert F. McDonnell

Address: [REDACTED]

Name: Noel J. Francisco

Address: 51 Louisiana Ave., N.W.

E-Mail: [REDACTED]

E-Mail: njfrancisco@jonesday.com

Phone: [REDACTED]

Phone: 202-879-5485

Richmond, VA 23223

Washington, DC 20001

Signature: ____________________________________
/s/ Noel J. Francisco

January 28, 2015

Date: ___________________

Defendant-Appellant
Counsel for: _____________________________________________________________

January 28, 2015

Certificate of Service: I certify that on _________________
the foregoing document was
served on all parties or their counsel of record through the CM/ECF system if they are
registered users or, if they are not, by serving a true and correct copy at the addresses listed
below:

Signature: /s/ Noel J. Francisco

Date:

January 28, 2015