Learn Anthony’s Story

The Virginia Appellate Lawyer is currently representing Anthony Tremaine Stewart in his appeal from convictions in the Circuit Court of Rockbridge County (Lexington). Anthony suffered a traumatic brain injury at the age of 14. As a result, Anthony had previously been adjudicated as unrestorably incompetent due not only to the TBI, but also because he is of substandard IQ, suffers from learning disabilities and requires regular medical care for end stage renal disease which impacted his mental functions.

Despite Anthony’s long history of mental disability, he has never received restorative services. Rather, when he has encounters with law enforcement, whether for minor offenses or because he has been enticed into being involved with criminal enterprises due to his suggestible nature, the courts have processed him through the system, determined that he was not competent to stand trial, and simply released him back into the community.

However, in October of 2020, when Anthony was again arrested after being enticed into a criminal drug enterprise, the Commonwealth of Virginia determined to put a stop to this “revolving door.” But, instead of providing Anthony with medical care to address his mental health, the Commonwealth sought to have him declared compentent — albeit minimally — to stand trial. Despite evidence that his IQ was that of a 7-8 year old child, an expert agreed to testify that Stewart could understand the basic elements of a criminal trial and assist his attorney in preparing a defense.

Despite multiple attempts by his trial attorney to have Anthony re-evaluated, the court refused to revisit the issue of Anthony’s competence. Naturally, he was not able to offer a defense and was convicted of multiple felonies. He was sentenced to 44 years imprisonment and will be required to serve 21 years before he will be released on probation. Given the severity of his kidney disease, this is effectively a life sentence.

While an appeal has been filed challenging the finding that Anthony was ever competent to stand trial, the standard for proving competence is very low and the court’s decision to find a defendant competent is only reversed upon a showing of “abuse of discretion,” one of the most difficult standards for an appellant to establish to the satisfaction of the appellate court. The Commonwealth says that the judge’s decision finding Anthony competent to stand trial was “not plainly wrong.”

Anthony’s family is standing with him and, while they have not given up on winning the appeal, they realize that it may be necessary to seek other avenues of redress, including seeking a pardon.